Allahabad High Court
Varun Kumar Singh vs State Of U.P. And 2 Others on 11 May, 2023
Bench: Vivek Kumar Birla, Surendra Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:102461-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 6887 of 2023
Petitioner :- Varun Kumar Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Chandrakant
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Surendra Singh-I,J.
1. Heard Sri Chandrakant, learned counsel for the petitioner and Sri A.N. Mulla, learned A.G.A for the State respondents.
2. The relief sought in this petition is for quashing of the F.I.R. dated 21.09.2021, registered as Case Crime No. 0247 of 2021, under Sections 8, 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and 18(a), 28, 18(c), 27(B)/1 of Drugs and Cosmetics Act and Sections 419 and 420 IPC, Police Station- Ali Nagar, District Chandauli. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. By drawing attention to the judgment of Vibhor Rana vs. Union of India, 2021 SCC Online 908, it is submitted that Phensedyl New Cough Linctus Syrup is not a drug covered under the provisions of NDPS Act and therefore, no offence has been made out against the petitioner. On factual aspects he submits that the petitioner has no concerned with the transportation of drug and therefore, he has been falsely implicated in the present case.
4. Per contra, learned AGA opposed the prayer for quashing of the FIR and submits that chargesheet has already been submitted against six co-accused persons. Additionally, it is submitted that Petitions filed by co-accused persons namely, Tarun Singh and Mukhtar Khan being Criminal Misc. Writ Petition No.5129 of 2022 and Criminal Misc. Writ Petition No.6035 of 2022 were dismissed by a Co-ordinate Bench of this Court vide orders dated 13.05.2022 and 24.05.2022 respectively. The aforesaid orders are quoted as under:-
Order dated 13.05.2022 passed in Criminal Misc. Writ Petition No.5129 of 2022 (Tarun Singh Vs. State of U.P. and 3 Others)
"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 dated 24.05.2022 passed in Criminal Misc. Writ Petiton No.6035 of 2022 (Mukhtar Khan vs. State of U.P. and 3 Others)
"Criminal Misc. Writ Petition No. 5129 of 2022 ( Tarun Singh Vs. State of U.P. and others) filed by the co-accused, challenging the impugned FIR has already been dismissed by this Court vide order dated 13.5.2022. Petitioner's defence that he is the vehicle owner and has no concern with the matter is an aspect to be examined during the course of investigation.
For the reasons recorded in the order dated 13.5.2022, passed in Criminal Misc. Writ Petition No. 5129 of 2022, this petition fails and is accordingly dismissed."
5. In such view of the matter, we are not inclined to take a different view of the matter. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
6. Accordingly, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for bail as permissible under law and in accordance with law.
Order Date :- 11.5.2023
Nitendra
