Akshay Kumar Singhal vs Narcotics Control Bureau
2023 Latest Caselaw 3073 UK

HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition (M/S) No. 1392 of 2023
Akshay Kumar Singhal                            .......Petitioner

                             Versus

Narcotics Control Bureau                     ........Respondent
Present:-
              Mr. Pankaj Kumar Sharma, Advocate for the
              petitioner.
              Mr. Shobhit Saharia, Advocate for the respondent.



                          JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to the

complaint/report of NCB Crime No.III/NCB/DDN/Seiz/

03/2022 under Sections 8/22/29 of the Narcotics Drugs

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

Station NCB Zone, Dehradun.

2. Heard learned counsel for the parties and

perused the record.

3. Narcotic Control Bureau (NCB) filed a

compliant against Naved Alam and three others before the

court of competent jurisdiction, which is sought to be

quashed by the petitioner. The petitioner is not named in

the FIR.

4. At the very outset, the Court wanted to know

from the learned counsel for the petitioner, as to why the

complaint should be quashed, which has not been filed

against the petitioner?

5. Learned counsel for the petitioner would

submit that the petitioner has been summoned by the

NCB under Section 67 of the Act. It is not the case that

the NCB is not empowered under the law to issue notice

to the petitioner.

6. Learned counsel for the petitioner would

submit that the petitioner apprehends that he may be

arrested. He would also submit that the persons against

whom the complaint had been filed, they have already

been enlarged on bail. He would submit that the

petitioner would be arrested without following the

procedure of law.

7. In so far as the bail is concerned, it is a

separate issue.

8. The apprehension that the petitioner may be

apprehended in a routine and mechanical manner, may

not be accepted at this stage. This Court cannot

contemplate the situation that may take place after

interrogating the petitioner.

9. Undoubtedly, there are umpteen directions of

the Hon'ble Apex Court and statutory provisions also,

which need to be followed in the matters of arrest in case,

such an occasion arises.

10. The Court is not considering any bail. The

petitioner seeks quashing of a complaint, as stated it has

not been filed against the petitioner. The petitioner has

been summoned by the NCB. It also does not require

indulgence of the Court in terms of quashing the

complaint. Therefore, this Court is of the view that the

instant petition may not be entertained. Accordingly, the

petition deserves to be dismissed at the stage of

admission itself.

11. The petition is dismissed in limine.

(Ravindra Maithani, J.) 11.10.2023 Sanjay