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2025:UHC:7923
S L. N o. D a t e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL No. 1004 of 2025 Hon’ble Ashish Naithani, J.
Mr. Vikas Kumar Guglani, learned counsel for the Petitioner.
2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand.
3. The present matter relates to the recovery of contraband under the N.D.P.S. Act, namely smack, the quantity of which is reported to be 10.70 grams. As per the FIR, the said contraband was seized from the possession of Gurmeet Kaur, Baldev Singh, and one Makhan, who absconded at the time of arrest. Learned counsel for the Petitioner submits that the Petitioner is neither named in the FIR nor involved in the said matter, and has no connection whatsoever with the contraband in-question.
4. Upon inquiry regarding the prayer made in the present Writ Petition, seeking a writ, order, or direction in the nature of certiorari for quashing of the FIR and proceedings therein, this Court queried learned counsel for the Petitioner as to how such a prayer may be entertained when the Petitioner is not named in the present matter.
5. In response, learned counsel for the Petitioner submits that the Petitioner is apprehending arrest, as the police allegedly visited his residence and inquired about him, from which he came to know about the incident and the seizure of the contraband.
6. Learned State Counsel, however, submits on instructions that, till date, the Petitioner is neither named nor wanted in the present matter. It is further submitted that no attempt has been made by the Investigating Team to search the Petitioner’s house or to implicate him in the present case.
7. In view of the above, the Criminal Writ Petition is disposed of with a direction that the Petitioner shall not be arrested without due process of law.
(Ashish Naithani, J.) 08.09.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE2 9BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.09.08 17:16:27 +05'30'
2025:UHC:7923