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2025 DAILYLAW 3110 (UTT)

HASEEB v. STATE OF UTTARAKHAND

WPCRL/135/2025 · 2025-02-27

Pankaj Purohit

body2025

Judgment text

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2025:UHC:1354 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.135 of 2025 Hon’ble Pankaj Purohit, J. Mr. Gaurav Singh, learned counsel for the petitioner. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mr. Vipul Painuli, learned Brief Holder for the State of Uttarakhand. 3. By means of the present criminal writ petition, petitioner has challenged the FIR No.474 of 2024 dated 14.06.2024 registered with Police Station Bhagwanpur, District Haridwar under Section 8/21/29 of the Narcotics Drugs and Psychotropic Substances Act, 1985. 4. It is contended by the learned counsel for the petitioner that the petitioner has been implicated in the present case on the basis of name taken by the co-accused persons and there is no evidence on record which links the petitioner to the alleged offence. He further contended that he has been falsely implicated in the present case and nothing has been recovered from his possession or at his instance, therefore, the petitioner deserves some protection by this Court. 5. Per contra, it is contended by learned State Counsel that the FIR discloses the commission of the cognizable offences at the hands of petitioner. 6. Having heard the rival submissions made by the learned counsel for the parties and on perusal of the FIR, this Court is of the view that prima-facie, the commission of 2025:UHC:1354 cognizable offences is made out against the petitioner and this Court is not a fact finding Court to look into as to whether the offence is proved or not at this stage. The offences alleged against the petitioner are very serious in nature, therefore, this Court doesn’t want to interfere with the impugned FIR. Moreover, the petitioner does not fall within the parameters given in the case of Neeharika, Infrastructure Private Limited Vs. State of Maharashtra and others reported in (2021) 19 SCC 401, therefore, this Court declines to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India. 7. Accordingly, the criminal writ petition is dismissed in-limine. 8. Pending application also stands disposed of. (Pankaj Purohit, J.) 27.02.2025 PN