Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3065 of 2021 Petitioner :- Chandra Shekhar Soni @ Chandu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Pati Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 23.02.2021 registered as Case Crime No.25 of 2021, under Sections 8/20 of NDPS Act, P.S. Shaktinagar, District Sonbhadra.
The allegation in the impugned first information report is in respect of recovery of 2.5 Kg of Ganja from motorcycle of co- accused on which two other persons, who managed to escape, were sitting. The complicity of the petitioner, as one of those who escaped, has come to light from the confessional statement of co-accused.
The contention of the learned counsel for the petitioner is that the petitioner is innocent; nothing has been recovered from his possession; and that he has been falsely implicated.
As the petitioner is stated to have been on the same motorcycle from where the recovery was made and he managed to escape upon seeing the police party, the matter would require investigation as to the role of the petitioner, therefore the prayer of the petitioner to quash the first information report cannot be accepted, at this stage.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 25.5.2021 AKShukla/-