Neeraj Kumar vs State Of Uttarakhand And Others
2023 Latest Caselaw 880 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.497 of 2023
Neeraj Kumar                                           ....Petitioner

                               Versus

State of Uttarakhand and Others                     ....Respondents

Present:-
            Mr. Pawan Mishra, Advocate for the petitioner.
            Mr. V.S. Rathore, A.G.A. for the State.

                            JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of FIR No.100 of

2022, dated 30.12.2022, under Section 27-A of the Narcotic

Drugs and Psychotropic Substances Act, 1985 ("the Act"),

Police Station Kotwali Uttarkashi, District Uttarkashi, with

related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, on 30.12.2022, police

arrested co-accused Bhupendra Panwar and recovered 15

grams of smack from his possession. It is the case in the FIR

that, in fact, the co-accused then revealed that the petitioner

is the main big fish. He is a small person in the business.

4. Learned counsel for the petitioner would submit

that merely based on the statement of the co-accused, the

police is trying to apprehend the petitioner.

5. Offence under Section 27-A of the Act is a

serious offence, which attracts the rigours of Section 37 of the

Act. It is submitted that the petitioner apprehends that he

may be detained without any legal basis.

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

Constitution of India. In case, the FIR discloses commission of

offence, generally, no interference is warranted unless there

are compelling circumstances to do so.

7. The FIR categorically discloses that recovery of

smack was made from the co-accused. It also records that the

co-accused named the petitioner as a person, who is also

involved in these offences. What is the credibility of the

statement of the co-accused? Whether the statement given by

the co-accused is true and is substantiated, this cannot be

examined in this writ petition. It is the role of the

Investigating Officer to collect the material, to ascertain the

truthfulness and credibility of the statement given by the co-

accused. The FIR discloses the commission of offence.

Therefore, this Court is of the view that there is no reason to

make any interference. Accordingly, the petition deserves to

be dismissed at the stage of admission itself.

8. The petition is dismissed in limine.

(Ravindra Maithani, J.) 31.03.2023 Ravi Bisht