Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 3930 of 2021 Petitioner :- Munendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhay Pratap Singh,Sangam Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Jayant Banerji,J.
Heard Sri Abhay Pratap Singh, learned counsel for the petitioner and Sri Gambhir Singh, the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 11.5.2021, registered as Case Crime no. 0271 of 2021, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, P.S. Noida Sector-49, District Gautam Budh Nagar.
Matter relates to recovery of a narcotic in huge quantity (1.75 quintals of ganja) and the contention of the petitioner is that on the day of recovery, he was down with COVID-19, cannot absolve him as 3 co-accused, arrested at the spot disclosed the name of petitioner, as FIR otherwise discloses commission of cognizable offences.
Learned AGA has opposed the submission.
We after perusing the FIR and the rival contentions, are of the view that the contentions raised by the petitioner cannot be examined in this jurisdiction, as FIR prima facie discloses commission of cognizable offences.
The writ petition lacks merit and is dismissed.
However, this order shall not be an impediment for the petitioner to seek bail.
Order Date :- 31.5.2021 N.S.Rathour Digitally signed by Justice Pankaj Naqvi Date: 2021.06.01 14:30:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Jayant Banerji Date: 2021.06.01 14:31:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad