Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3621 of 2021 Petitioner :- Tundamal Respondent :- State Of U.P And Others Counsel for Petitioner :- Rakesh Kumar Garg Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
The present writ petition has been filed by the petitioner, praying for quashing of the First Information Report, registered as Case Crime No.230 of 2021, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, P.S. Firozabad South, District Firozabad, with a further prayer to stay his arrest during pendency of investigation of the said case.
The impugned First Information Report discloses that 1 Kg. 300 Gram Charas and 8 Kg. 267 Gram Ganja (contraband items) were recovered from the custody of the accused Smt. Mamta Katheria. Concededly, these are commercial quantities under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner is the husband of the accused. He claims that he is living separately from the accused. No recovery was made from him. He is a government servant and has no concern with his wife and the contraband items.
The First Information Report mentions that the accused informed the police that the contraband items which are kept in her house and are later seized were supplied by the petitioner. The allegations in the First Information Report clearly discloses commission of a cognizable offence. The submission that the petitioner is living separately or has no connection with the alleged offence are matter of investigation. No case is made out to quash the F.I.R.
The writ petition lacks merit and is dismissed. However, it is left open to the petitioner to apply for bail and in which event, the bail application shall be considered and decided expeditiously.
(Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.) Digitally signed by Manoj Kumar Gupta Date: 2021.05.26 12:10:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 24.5.2021 SL Digitally signed by Justice Gautam Chowdhary Date: 2021.05.26 12:18:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad