Neutral Citation No. - 2025:AHC:54273 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11796 of 2025 Applicant :- Syed Shamsuddin Qarizada Alias Shamsuddin Opposite Party :- Union Of India And Another Counsel for Applicant :- Mohd Shamim Khan Counsel for Opposite Party :- A.S.G.I. Hon'ble Saurabh Srivastava,J. 1. Heard Mohd Shamim Khan, learned counsel for applicant, Sri Sanjay Dwivedi, learned counsel for opposite party no. 1-Union of India and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the order dated 28.05.2024, passed by Additional Session Judge-1, Gautam Budh Nagar, alongwith entire proceeding of Special Case no. 773 of 2018 (State vs. Prateek Shukla and Shamshuddin) arising out of Case Crime no. VIII/31/DZU/2018 under sections 25A/9A, 23, 29 Narcotic Drugs and Psychotropic Substances Act, 1985, PS- NCB Delhi, pending before learned Additional Sessions Judge-1, Gautam Budh Nagar. 3. After some argument, learned counsel for applicant prays that applicant may be permitted to prefer discharge application before learned court concerned. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application. 5. Be that as it may, since the applicant is having liberty to prefer discharge application before the learned court concerned taking all pleas and grounds, which are available to him, therefore, he should approach the learned court concerned by way of filing discharge application. 6. Accordingly, without entering into the merits of the issue, the present application is disposed of finally permitting the applicant to prefer discharge application before the learned court concerned taking all pleas and grounds, which are available to him, enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application. If such application be filed by applicant before the learned court concerned at appropriate stage, the court concerned shall consider and decide the said application, strictly in accordance with law, by speaking and reasoned order and by affording proper opportunity of hearing to the concerning parties and pass appropriate orders. Order Date :- 10.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad