Mohd. Razi vs State Of U.P.
2022 Latest Caselaw 9048 ALL

Citation : 2022 Latest Caselaw 9048 ALL
Judgement Date : 3 August, 2022

Allahabad High Court

Mohd. Razi vs State Of U.P. on 3 August, 2022

Bench: Dinesh Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL REVISION No. - 35 of 2011
 

 
Revisionist :- Mohd. Razi
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- A.P. Misra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Sri A.P.Misra, learned counsel for the revisionist and Sri Rao Narendra Singh, learned A.G.A. for the State-respondent.

2. Present revision under section 397 readwith section 401 Cr.P.C. has been filed impugning the Judgment and order dated 09-12-2010 passed by the learned Additional Sessions Judge/Fast Tract Court No. 28, Barabanki, relating to S.S.T. No. 734/2010, in Case Crime No. 387/2010, under sections 8/22/9-A/25-A/29 of the N.D.P.S. Act, Police Station-Jaidpur, district-Barabanki, rejecting the discharge application of the revisionist.

3. Learned trial court has held that from possession of the accused-revisionist,Sodium Carbonate and Acetyl Chloride were recovered. These two substances were used for manufacturing the Morphine, a contraband substance under the N.D.P.S. Act. It has also been observed by the trial court that after manufacturing Morphine, the accused would give it to Imtiyaz Baba and Razi.

4. Sri A.P.Misra, learned counsel for the revisionist submits that possession of the Sodium Carbonate by the accused-revisionist is not an offence. He admits that the accused-revisionist did not have the license to store/keep the Acetyl Chloride. He also does not dispute that these two products/substances are used in manufacture of the Morphine.

5. This court does not find any error of law or jurisdiction in the impugned order passed by the trial court. This court is of the view that prima-facie offences under sections 8/22/9-A/25A of the N.D.P.S. Act are attracted on the facts and circumstances of the case.

6. In view thereof, present revision is dismissed.

7. The trial court is directed to proceed with the trial and conclude the same expeditiously.

8. Any observation made by this court dismissing the revision on merits would not be considered at the time of trial.

9. Interim order, if any, stands discharged.

Order Date :- 3.8.2022

AKS