Neutral Citation No. - 2025:AHC:66049-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8328 of 2025 Petitioner :- Anuj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rizwan Ullah Siddiqui Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Rizwan Ullah Siddiqui, learned counsel for the petitioner and Sri O.P. Dwivedi, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 25.3.2025, registered as Case Crime No. 0064 of 2025, under Section 8/20 NDPS Act, 1985, Police Station Fatehpur, District Saharanpur. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in the present case on the basis of statement of co- accused arrested on the spot. It is submitted that the petitioner was not on the spot and no recovery was made from his possession and therefore, no offence as alleged is made out. 4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. On instructions, he submits that the petitioner has criminal history of one case of NDPS and he is habitual offender of committing such offence and he has been specifically named by the co- accused arrested on the spot. 5. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 6. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 7. Therefore, the writ petition is dismissed. Order Date :- 29.4.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad