AARSI NAZZ AND ANOTHER v. NARCOTICS CENTRAL BUREAU
A482/2767/2025 · 2025-01-30
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12277 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12277 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:15832 Court No. - 76 Case :- APPLICATION U/S 482 No. - 2767 of 2025 Applicant :- Aarsi Nazz And Another Opposite Party :- Narcotics Central Bureau Counsel for Applicant :- Bala Nath Mishra,Ram Vishal Mishra,Sachin Mishra Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State-respondents, Shri Ashish Pandey, learned counsel for the NCB, and perused the record. 2. The present application has been filed seeking quashing of the summoning order dated 07.01.2025, issued in connection with NCB Case Crime No. 16 of 2024, registered under Sections 8, 18, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station NCB, District Lucknow. 3. Learned counsel for the applicants contends that applicant no.1, a mother of a six-month-old infant, has been summoned by the investigating officer in relation to the aforementioned case. It is submitted that the investigating officer is harassing applicant no.1 with mala fide intention. Learned counsel further asserts that, at the time of lodging the complaint, the investigating officer was aware of a certain debit transaction from applicant no.1's bank account. Despite this knowledge, no complaint was initially filed against her, as is evident from the records. The reasons for her non-implication at the outset remain undisclosed and are neither reflected in the complaint nor in the notice issued under Section 67 of the NDPS Act. It is next argued that since applicant no.1 is a
nursing mother, any coercive action against her would be unduly harsh and violative of her fundamental rights. 4. Learned A.G.A. and learned counsel for the NCB have opposed the application and submitted that the summoning order has been passed in accordance with law and is based on material evidence collected during the investigation. It is further submitted that the applicants have an adequate remedy available under law, which they may avail before the appropriate forum. 5. After hearing the submissions advanced by both the parties and in view of the fact-circumstances of the case, particularly the fact that applicant no.1 is a nursing mother of a six-month-old infant, it is deemed appropriate to protect her from any immediate coercive action. Accordingly, the instant application is disposed of with liberty to the applicants to seek appropriate relief before the competent forum in accordance with law. 6.
Meanwhile, as an interim measure, no coercive action shall be taken against applicant no.1. This protection is granted solely on the ground that the applicant is a mother nursing a six-month-old child. However, this order shall not preclude the investigating officer from conducting a fair and lawful investigation in accordance with the procedure established by law. 7. This order does not amount to an expression of opinion on the merits of the case, and the applicants shall cooperate with the investigation as required under law. Order Date :- 31.1.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad