High CourtsSingle Bench

Maisar vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 25 April 2025 · Citation: (2025) 04 UK CK 0868

HON’BLE JUDGES
Pankaj Purohit, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 22 · Constitution Of India, 1950 — Article 226
RESULT
Dismissed
CASE NUMBER
Writ Petition Criminal No. 366 Of 2025
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Judgment

9 paragraphs · 246 words

Pankaj Purohit, J

1.

By means of this writ petition, petitioner has put to challenge the F.I.R. No.0148 of 2025 dated 19.04.2025, under Section 8/22 of N.D.P.S. Act, 1985 registered at Police Station-Kotwali Roorkee, District Haridwar.

2.

Facts of the case in a nutshell are that the co-accused namely Imran, when arrested by the Police confessed his guilt and disclosed the name of the petitioner in respect to the alleged offence.

3.

Learned counsel for the petitioner submitted that the petitioner is a lady aged about 40 years, who is a house wife, having no criminal background and she is involved in the instant case only on the statement of co-accused Imran, who when arrested took the name of the petitioner thus involving her with the present case.

4.

Per contra, learned State counsel submits that the offence alleged against the petitioner is serious in nature as there is possibility of her being hand in glove with the co-accused Imran.

5.

I have perused the entire material available on record.

6.

Since the offences alleged against the petitioner are serious in nature, therefore, this is not a fit case where the Court should incline to interfere in the matter by invoking its discretionary jurisdiction under Article 226 of the Constitution of India. Prima facie a case is made out against the petitioner; therefore, no interference is warranted by this Court.

7.

Accordingly, the writ petition stands dismissed.

8.

Pending application, if any, also stands disposed of.