Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Anoop Kumar Upadhyay, learned counsel for the petitioner, Smt. Smiti Sahay, learned A.G.A. for the State-respondents and perused the record.
This writ petition has been filed by the petitioners- Pradeep Kumar Verma and Vishal with a prayer to issue a writ in the nature of certiorari thereby quashing the impugned FIR dated 22.06.2021 bearing FIR No.0205 of 2021, under Section 8/20 of NDPS Act, Police Station Utraula, Distrct Balrampur with a further prayer not to arrest the petitioners in the impugned FIR.
It has been argued by learned counsel for the petitioner that petitioners were not arrested from the spot and their names came into light in the statement of co-accused, who have been arrested on the spot. He further submits that the impugned FIR has been lodged against the petitioners just for harassment with oblique motive. The entire allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence, the impugned FIR is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submits that the petitioners are named in the FIR and recovery of one quintal and 3.290 kg. ganja, one country made pistol 303 bore along with one live cartridge 303 bore, six packets of rolling paper and 32 packets of boom were made from the alleged vehicle of the accused persons arrested from the spot. On interrogation they stated that they along with their companions were used to sell ganja. She further submits that from a perusal of F.I.R. it cannot be said that no cognizable offence is made out against the petitioners, therefore, the present petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which clearly shows that a cognizable offence is made out against the petitioners, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioners.
The petition lacks merit and is, accordingly, dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 29.7.2021 Anand/-