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Judgment
Heard Sri Gulam Mustafa, learned counsel for the petitioner, Sri Dharmendra Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 16.6.2017 registered as Case Crime No.142 of 2017, under Section 8/21 N.D.P.S. Act, Police Station-Khero, District Raebareli.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. The allegation levelled against the petitioner is absolutely false, frivolous and baseless.He further submits that the provisions of Section 50 of N.D.P.s. Act has not been complied. There is no independent witness of the recovery from the coaccused.
From a perusal of the FIR, no offence is made out out against the petitioners, hence, the same be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.
The writ petition is, accordingly, dismissed.