Heard learned counsel for the applicant and Shri Ajay Agrawal, learned Special Counsel for the opposite parties. By means of this application, the applicant has prayed for quashing the complaint case dated 20.2.2010 (S.S.T. No. 202/2010) pending in the Court of Additional Sessions Judge, F.T.C. No.31, Barabanki under sections 8/21/27-A of N.D.P.S. Act, in exercise of inherent jurisdiction of this Court under section 482 Cr.P.C.
The submission of the applicant's learned counsel is that the aforementioned complaint case has been filed against the applicant and two others with the allegations that one Jamil was apprehended by the Intelligence Officer of the Narcotics Control Bureau, on 24.8.2009 and 520 grams Heroin/ Morphine was recovered from his possession and in his voluntary statement recorded under section 67 of the N.D.P.S. Act, he disclosed that the recovered substance belonged to Maqbool and Imran and was to be delivered to Bans Gopal Pathak and Dilip Pathak. He further disclosed that Maqbool and Imran used to buy/ bring the substance from Raj Kumar Yadav, the applicant, and accordingly he was summoned for recording his statement under section 67 N.D.P.S. Act but the applicant did not appear before the Investigating Officer. Further submission is that in his report dated 26.5.2010 (Annexure No.5) the complainant has stated that subsequently the applicant appeared on 14.5.2010 before the concerned authority and his statement was recorded. It has been specifically stated by the complainant that the involvement of the applicant does not appear in the case. The report dated 26.5.2010 has however, been filed after the trial court has taken cognizance of the case against the applicant.
The above facts have not been disputed by Shri Ajay Agrawal.
In view of the aforesaid, as the commission of offences of sections 8/21/27-A of the NDPS Act by the applicant is not prima facie made out, therefore, the proceedings of the complaint case (S,S.T. No. 202 of 2010) so far as it relates to the applicant, are hereby quashed.
Application is accordingly allowed.
Order Date :- 28.6.2010 Muk