Neutral Citation No. - 2025:AHC:28144 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 6725 of 2025 Applicant :- Shiv Prakash Gaur @ Gena Gaur Opposite Party :- Narcotic Control Bureau Counsel for Applicant :- Rizwan Ahamad Counsel for Opposite Party :- Ashish Pandey Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and Shri Vipul Pandey, holding brief for Shri Ashish Pandey, learned counsel for the Narcotics Control Bureau. 2. The present application has been filed seeking quashing of the order dated 08.10.2024, passed by the learned Special Judge (SC/ST Act), Sonebhadra, in Case Crime No. 01 of 2024, under Sections 8, 20, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (N.D.P.S. Act), Police Station NCB Gorakhpur, District Sonebhadra, whereby a non-bailable warrant was issued against the applicant. 3. The prosecution case, in brief, is that the Narcotics Control Bureau, Gorakhpur, seized a truck bearing registration number CG-04-PP-1786 on 19.07.2024 and recovered approximately 825 kilograms of contraband. During the operation, four persons, namely Sarvesh Singh, Abhiral Singh, Subham Tripathi, and Rakesh Yadav @ Lutur, were apprehended. Upon interrogation, the arrested individuals disclosed the name of the applicant. It is further alleged that the applicant failed to cooperate with the Narcotics Department, which led to obtain non-bailable warrant against him. Aggrieved by the said order, the applicant has preferred the present application. 4. Learned counsel for the applicant contends that the trial court issued the non-bailable warrant mechanically and without applying judicial mind. He further submits that there is no direct evidence against the applicant, who was not named in the FIR. The applicant has been implicated solely on the basis of the confessional statements of co-accused persons. 5. Per contra, learned counsel for the Narcotics Control Bureau submits that the applicant has deliberately avoided joining the investigation. Furthermore, an amount of 40,000/- was recovered ₹ from the applicant's residence, and his wife could not satisfactorily explain the source of the said amount. In view of these circumstances, he argues that the issuance of a non-bailable warrant against the applicant is justified and does not suffer from any illegality. 6. Upon due consideration of the arguments advanced by learned counsel for both parties and perusal of the material available on record, it is evident that the applicant's name surfaced in the case based on the disclosure statement of co-accused A.K. Mishra. The authorities have conducted raids and issued notices requiring the applicant to join the investigation. The recovery of 40,000/- from ₹ the applicant's residence, which remains unexplained, further strengthens the prosecution's case and raises suspicion regarding the applicant's involvement. In light of these facts, the custodial interrogation of the applicant is necessary for a fair and effective investigation. 7. In view of the foregoing discussion, the present application lacks merit and is, accordingly, dismissed. Order Date :- 28.2.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad