Tarun Singh vs State Of U.P. And 3 Others
2022 Latest Caselaw 2742 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5129 of 2022
 

 
Petitioner :- Tarun Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Suraj Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Rajnish Kumar,J.

This writ petition has been filed with the prayer to quash the First Information Report registered as Case Crime No. 247 of 2021, under Section 8/21 of the NDPS Act and Section 18 (a), 28, 18 (c), 27(B)/1 of the Drugs and Cosmetics Act, 1940 and Section 419 and 420 I.P.C. Police Station - Ali Nagar, District - Chandauli on the ground that the petitioner is a transporter and has no concern with the alleged offence disclosed in the first information report. For such purpose reliance is placed upon a Division Bench judgment of this Court in Vibhor Rana Vs. Union of India, 2021SCC Online All 908.

Learned counsel for the petitioner submits that the petitioner has only transported certain goods pursuant to valid invoice and builty and has no concern with the seizure of goods at Chandauli. The allegations made in the first information report are to the effect that certain trucks were checked at Chandauli and it was found that the available papers disclosed about 500 bags of Soda being transported, whereas, on checking it was found that huge quantity of Phensedyl syrup was being transported without any supporting papers or documents. Further allegations are that this offence was being done in collusion with the transporter for substantially long. In order to establish its bonafide, petitioner has annexed certain documents in the form of builty etc., as per which certain boxes of medicines were being sent from Varanasi to Azamgarh.

Learned A.G.A. points out that District Chandauli does not fall on route from Varanasi to Azamgarh and, therefore, these documents cannot justify the dispatch of medicines and infact, such medicines were being sent to State of Bengal and contrary stand has been taken here.

Learned counsel further states that the builty has been recovered from the car. Specific defence of the petitioner need not be examined by us, at this stage, inasmuch as such factual issues require proper determination during the course of investigation.

So far as the allegations made in the first information report are concerned, it is apparent that prima-facie allegations with regard to commissioning of the cognisable offence under Sections 419 and 420 I.P.C. are clearly disclosed. Even if the allegations with regard to the offence under the NDPS Act are ignored, even then the first information report cannot be quashed as it prima-facie discloses commissioning of cognisable offence. Prayer made to quash the first information report is thus declined.

Writ petition, accordingly, is dismissed.

Order Date :- 13.5.2022

n.u.