Sachin Nagar Alias Sachin vs State Of Uttarakhand And Others
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 HIGH COURT OF UTTARAKHAND AT NAINITAL

       Writ Petition (Criminal) No. 412 of 2023

Sachin Nagar alias Sachin                              ...Petitioner

                                Versus

State of Uttarakhand and others                    ...Respondents

Present:-
              Mr. D.C.S. Rawat, Advocate for the petitioner.
              Mr. S.S. Adhikari, D.A.G. for the State.

                                   JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of instant writ petition, the petitioner

seeks quashing of the impugned FIR/Case Crime No. 36 of

2023, under Sections 20, 60, 8 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 ("the Act"), Police

Station Kashipur, District Udham Singh Nagar.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, on 14.01.2023, the police

arrested the co-accused with 510 gram charas. It is the

case in the FIR that on interrogation, co-accused revealed

that the he had bought charas from the applicant and had

given the mobile number and other details of the

petitioner.

4 Learned counsel for the petitioner would submit

that the petitioner has no relation with the co-accused.

There is no evidence against him.

5. It is a writ petition under Article 226 of the

Constitution of India. If FIR discloses commission of

offence, generally no interference is warranted unless there

are compelling circumstances to do so.

6. It is a case under the provisions of the Act. The

admissibility and reliability of the disclosure statement

made by the accused and the co-accused has some

relevancy under Section 67 of the Act. Even otherwise, at

this stage, this Court has only FIR to appreciate the

argument as advanced on behalf of the petitioner. The FIR

discloses that the co-accused has given the mobile number

and other details of the petitioners. It falls for scrutiny

during investigation. It is the role of the Investigating

Officer to find out the truth and veracity of the FIR and to

assess the role of the petitioner. At this stage, this Court

cannot make any interference.

7. Having considered, this Court is of the view that

there is no reason to make any interference. Accordingly,

the writ petition deserves to be dismissed at the stage of

admission itself.

8. The writ petition is dismissed in limine.

(Ravindra Maithani, J.) 17.03.2023 Jitendra