Neutral Citation No. - 2025:AHC:64352 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6937 of 2025 Applicant :- Neeraj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Kesarwani,Shashi Bhushan Srivastava,Vineet Vikram Counsel for Opposite Party :- Ashish Pandey,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, Sri Ashish Pandey, learned counsel for NCB-opposite party no. 2 and learned AGA for State. 2. Present application has been preferred with the prayer to set aside the order u/s 82 Cr.P.C. passed by learned Additional District Judge/FTC, (NDPS Act), Jhansi in Case no. 789 of 2020 related to NCB Case Crime no. 16 of 2020, PS- NCB Lucknow, District Jhansi as well as entire proceedings of said case so far as they relate to applicant. 3. Learned counsel for applicant submitted that a complaint has been filed by opposite party no. 2 against three accused persons namely Rinku Kumar, Boby Kumar and Vasudev Singh who were intercepted by the authorities for transporting contraband Ganja. In the confessional statement of Rinku Kumar, he took the name of applicant and alleged that the said contraband was to be delivered to applicant. Trial of rest of initially apprehended aforesaid accused persons have concluded vide judgment dated 01.10.2024 passed by learned Special Additional Sessions Judge, NDPS Act, Jhansi wherein all the three accused persons have been convicted. Investigation against the applicant is still pending in the said case and more than 4.5 years have passed after the incident and the police is seeking arrest of applicant now, in pursuance to which impugned order under Section 82 Cr.P.C. has been issued against the applicant. 4. It is contended by learned counsel for applicant that in the present case, despite the applicant's alleged implication on the date of recovery itself (i.e. 27.06.2020), no steps were taken to investigate his involvement or secure his presence for 4.5 years. The lack of any justifiable explanation for this delay renders the entire prosecution against the applicant highly suspected and motivated. It is clarified that in the statement of co-accused, name "Neeraj Kumar S/o Girraj Singh" has been taken however, applicant is "Neeraj Kumar S/o Gajraj Singh" and as such it is a case of mistaken identity. Except the name, there is no evidence so as to warrant the arrest of the applicant. The prosecution of applicant is illegal without jurisdiction in as much as he has committed no offence whatsoever, hence entire proceeding of above mentioned case is liable to be quashed. 5. Per contra, Sri Ashish Pandey, learned counsel for NCB-opposite party no. 2 vehemently opposed the prayer sought through instant application and submitted that impugned proceeding is justified as prima facie offence is made out against the applicant. 6. Learned AGA seconded the arguments raised by learned counsel for opposite party no. 2. 7. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that it is admitted fact that one co- accused Rinku Kumar, in his confessional statement took the name of applicant. However, learned counsel for applicant raised the ground for mistaken identity which is solely subject matter of trial and cannot be adjudicated in present proceeding under Section 528 BNSS, since the same requires proper appreciation of evidences and materials on record. So far as the ground raised by learned counsel for applicant regarding delay is concerned, in that regard this Court is of the opinion that, considering the facts and circumstances of present case, solely on the ground of delay at the behest of prosecution, entire proceeding cannot be quashed at this stage. 8. The interference under Section - 528 BNSS can only be made in case when there is grave miscarriage of justice or abuse of the process of the courts or the required statutory procedure has not been complied with or there is failure of justice. In the instant matter, no such contingency is made out. No case for invocation of powers under Section 528 BNSS is made out. The application under Section - 528 BNSS lacks merit and thus liable to be dismissed. 9. The instant application u/s 528 BNSS is hereby dismissed. However, the applicant is at liberty to avail all other remedies available at law. Order Date :- 25.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad