Mohammad Nahid vs State Of Uttarakhand And Others

Pankaj Purohit, J

By means of this writ petition, petitioner has put to challenge the F.I.R. No.0023 of 2025 dated 24.01.2025, under Section 8/21/29 of N.D.P.S. Act, 1985 registered at Police Station Bhagwanpur, District Haridwar.

Facts of the case in a nutshell are that on 24.01.2025 complainant/respondent no.3 along with other Police officers were involved in patrolling duty and they were going to village Sikraudha where they found a person was coming towards the village who after having seen the Police attempted to ran away; however, he was apprehended and from whose possession 19.05 gram smack was recovered and disclosed the name of the petitioner and thereafter a memo was prepare and an F.I.R. was lodged under the aforesaid sections.

Learned counsel for the petitioner submits that the petitioner has been named by the co-accused and no recovery has been made from him.

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

I have perused the entire material available on record and it is reflected from the F.I.R that the accused named the petitioner at the time of recovery being made, which cannot be a ground for quashing of the aforesaid F.I.R.

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.

Accordingly, the writ petition stands dismissed in limine.

Pending application, if any, also stands disposed of.