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2025 DAILYLAW 146598 (ALL)

MINOR-X IN CRIME NO.-001/2025 THRU. HIS FATHER MOHAMMAD ASHIK ANSARI @ ASIK MIYAN, SIWAN, BIHAR v. U.O.I. THRU. MINISTRY OF HOME AFFAIRS, DEPTT. OF INTERNAL SECURITY THRU. SPL. SECY. AND OTHERS

CRLP/5300/2025 · 2025-06-18

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35745-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5300 of 2025 Petitioner :- Minor-X In Crime No.-001/2025 Thru. His Father Mohammad Ashik Ansari @ Asik Miyan, Siwan, Bihar Respondent :- U.O.I. Thru. Ministry Of Home Affairs, Deptt. Of Internal Security Thru. Spl. Secy. And Others Counsel for Petitioner :- Adarsh Singh,Farhan Ansari,Vinay Kumar Tiwari Counsel for Respondent :- Akhilesh Kumar Awasthi,G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vinay Kumar Tiwari, learned counsel for the petitioner, Ms. Meera Tripathi, learned A.G.A. for the State and Sri Vivek Kumar Mishra, Advocate holding brief of Sri Akhilesh Kumar Awasthi, learned counsel for respondent no.3/ Narcotics Control Bureau. 2. By means of the instant writ petition, the petitioner has challenged the validity of a notice issued by the Investigating Officer under Section 67 of the N.D.P.S. Act in Crime No. 1 of 2025. 3. Submission of the learned counsel for the petitioner is that the notice does not bear any date of its issuance and it has not been served to the petitioner properly. He has also submitted that the petitioner is a juvenile and he apprehends his arrest in case he appears in response to the aforesaid notice. 4. As the notice directs the petitioner to appear before the Investigating Officer for his examination under Section 67 of the N.D.P.S. Act, we deem it appropriate to give liberty to the petitioner to appear before the Investigating Officer along with his guardian/representative within a period of ten days from today and submit his reply to the notice, taking all the pleas available to him, including the plea of his being a juvenile. The Investigating Officer shall proceed in accordance with law and shall first deal with the plea of juvenility of the petitioner before taking any further action. 5. The writ petition is disposed of with the aforesaid observation. (Subhash Vidyarthi, J) (Attau Rahman Masoodi, J) Order Date :- 18.6.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench