Neutral Citation No. - 2025:AHC-LKO:2151-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 221 of 2025 Petitioner :- Arvind Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Homes Affaies Lko. And 2 Others Counsel for Petitioner :- Rinku Verma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner and learned AGA for the State-respondents. 2. The instant petition has been filed with the following main prayers:- "i. a writ, order or direction in the nature of certiorari to quash the impugned First Information Report registered in Case Crime No.0459/2024, dated 27.10.2024, under Section 8A(c), 15(c) and 25 NDPS Act, 1985 at P.S.- Gosainganj, District- Lucknow, lodged by informant against the petitioner which is contained as Annexure No.1 to this petition. ii. a writ order or direction in the nature of mandamus thereby commanding to the opposite parties not to arrest to petitioner in connection with the First Information Report registered in Case Crime No.0459/2024, dated 27.10.2024, Under Section- 8A(c), 15(c) and 25 NDPS Act, 1985 at P.S.- Gosainganj, District- Lucknow, lodged by informant against the petitioner." 3. We have gone through the impugned FIR and also the Fard Baramdgi, reference of which has been given. It is the case of the petitioner that he has been falsely implicated by the co- accused in his confessional statement. 4. The learned AGA has pointed out that the confessional statement is admissible under NDPS Act. 5. Having gone through the FIR, which is detailed in nature, we find that the co-accused, namely, Ram Sahay, Basant Yadav and Pramod Rawat have named the petitioner as well as the truck driver. The amount of recover of almost 17 bags of posha residue used in making opium i.e., 317.150 kgs, makes this a serious offence. The impugned FIR makes out the case prima facie against the petitioner. 6. We do not wish to interfere in the writ petition as prayed for. 7. Accordingly, the writ petition is dismissed. 8. However, leaving it open for the petitioner to approach the appropriate forum after filing of the charge sheet. Order Date :- 13.1.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench