HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37111 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. This application under Section 528 B.N.S.S. has been filed with the prayer to quash the orders dated 27.1.2025 and 2.5.2025 passed by learned Special Judge (SC/ST Act), Sonbhadra in Case Crime No.5 of 2024 (State of U.P. Vs. Niranjan Bagha & others) under section 8/20 N.D.P.S. Act, Police Station Shahganj, District Sonbhadra whereby the proceedings under sections 82 and 83 Cr.P.C. have been initiated respectively against the applicant. Further prayer has been made to stay the aforesaid proceedings. 3. In the instant matter, one vehicle which was carrying the narcotics substance was held by the police and the present applicant was challaned on account of being the owner of the said vehicle. 4. It is submitted by the learned counsel for the applicant that the applicant is not the owner of the vehicle no.OD02-CB-5536 and as a matter of fact, he has already sold the said vehicle in favour of accused Prakash Mahakud before the alleged incident and and till then he has no concern at all with the narcotics substance which is alleged to be recovered from the said vehicle. It is further submitted that the applicant was unaware of the case pending in the court and that is why he was also ignorant of the fact that punitive process under sections 82 & 83 Cr.P.C. has been issued against him. 5. Learned A.G.A. vehemently opposed the application and it has been submitted that it was a deliberate negligence on the part of the applicant and Versus Counsel for Applicant(s) : Amar Bahadur Singh, Rajnish Kumar, Vijaya Upadhyay Counsel for Opposite Party(s) : Anil Kumar Pandey, G.A. Niranjan Bagha .....Applicant(s) State of U.P. and Another .....Opposite Party(s) he deliberately did not appear before the court even after having knowledge of the case pending in the court. 6. Learned counsel for the applicant has made a submission before the Court that the applicant is ready and willing to appear before the trial court to cooperate with the trial. 7. It appears from the perusal of the record that on 27.1.2025 process under section 82 Cr.P.C. was issued against the applicant and further on 2.5.2025, process under section 83 Cr.P.C. was also issued against him and it was within full knowledge of the applicant that the case under section 8/20 N.D.P.S. Act is running before the court against him. 8. From the perusal of the record, I find no reason to quash the aforesaid proceedings against the applicant or to stay the proceedings. Hence, prayer made in the application is refused. 9. However, it is observed that in case the applicant surrenders before the court concerned and applies for bail within thirty days from today, the same shall be considered and decided by the Court concerned in accordance with law. For a period of thirty days from today, no coercive action shall be taken against the applicant. 10. It is made clear that no further time shall be allowed to the applicant to surrender and apply for bail before the Court concerned. 11. With the above observations, the application stands disposed of. October 14, 2025 ss NA528 No. 37111 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad