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2025 DAILYLAW 2896 (UTT)

UTTAM SINGH RAUTELA v. STATE OF UTTARAKHAND

WPCRL/125/2025 · 2025-03-05

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No.125 of 2025 Hon’ble Pankaj Purohit, J. Mr. Lalit Sharma, learned counsel for the petitioner. 2. Mr. B.C. Joshi, learned AGA along with Mr. Vipul Painuly, learned Brief Holder for the State. 3. By means of present criminal writ petition, petitioner has put to challenge the first information report dated 10.10.2023 being FIR No.0037 of 2023 under Sections 8/20/60/29 of the NDPS Act, Police Station Kapkot, District Bageshwar. 4. On 27.02.2025, this Court directed the State Counsel to seek instructions in the matter on the argument made by learned counsel for the petitioner that petitioner was arrested only on the argument of the main accused who was arrested along with 1.770 kg of Charas. 5. Today, on instructions, it is submitted by learned State Counsel that petitioner was found in constant touch over telephone with the accused, therefore, he was implicated after investigation with the aid of Section 29 of the NDPS Act. 6. The main argument which is advanced by learned counsel for the petitioner is that petitioner was not named in the FIR, but this cannot be a ground to challenge the FIR as his name is subsequently came up during investigation. 7. At this, learned counsel for the petitioner wants to withdraw the present criminal writ petition with the liberty to to surrender before the court concerned as the proceedings under Section 84 of BNSS was initiated and the notice was issued against him. 2 8. Be that as it may, since petitioner is 73 years of age and he wants to surrender before the court of competent jurisdiction, the writ petition is permitted to be withdrawn. 9. Accordingly, the writ petition is dismissed as withdrawn. However, the petitioner is given a liberty to surrender before the court of competent jurisdiction i.e. Special Judge, NDPS, Bageshwar within fifteen days from today. Till then, no coercive action shall be taken against the petitioner. 10. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 05.03.2025 AK