Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3090 of 2021 Petitioner :- Mahesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalit Kumar Shukla 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 03.03.2021 registered as Case Crime No.60 of 2021, under Section 8/20 of NDPS Act, P.S. Sureer, District Mathura.
The allegation in the impugned first information report is in respect of recovery of 2.9 Kg Ganja from co-accused Bhupendra. The complicity of the petitioner has come to light from the confessional statement of co-accused, who has stated that he along with his brother (the petitioner) get Ganja for distribution in the village.
The contention of the learned counsel for the petitioner is that he has no concern with his brother; that he has been falsely implicated; and that nothing incriminating material has been recovered from him.
Be that as it may, as the allegation is in respect of dealing in contraband articles and there has been recovery also, the matter will have to be investigated 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 :- 28.5.2021 AKShukla/-