1. Heard Sri Ratnesh Trivedi, learned counsel for the applicant as well as learned Additional Government Advocate for the state of U.P.
2. In view of the order proposed to be passed, with the consent of learned counsel for the parties, requirement of issuance to notice to opposite party no. 2 is dispensed with.
3. This application has been filed by the applicant for quashing the order dated 29.01.2020, passed by the Additional District and Sessions Judge, Court No. 12, Lakhimpur Kheri in Case No. 17 of 2020 - State Vs. Mohammad Raees, under Sections 18(a)/28 and 18(c)/27(B)ii of Drugs and Cosmetic Substances Act, 1940, Police Station - Tinkuniya, District - Lakhimpur Kheri as well as to quash the entire proceedings of the aforesaid case.
4. From the perusal of the impugned charge sheet as well as record, no case for quashing the charge sheet is made out.
5. After arguing the matter at some length, learned counsel for the applicant restricts his prayer to grant appropriate relief in light of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].
6. Learned A.G.A. has no objection to the aforesaid prayer.
7. In view thereof, it is provided that if the applicant namely Mohammad Raees surrenders before the Court below within four weeks' from today and applies for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (supra).
8. For a period of four weeks', no coercive steps shall be taken against the applicant in the aforesaid case.
9. With the aforesaid observations, the present application stands disposed of.
Order Date :- 11.2.2021 A. Verma (Alok Mathur, J.)