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2025 DAILYLAW 5647 (UTT)

MOHAMMAD NAHID v. STATE OF UTTARAKHAND

WPCRL/367/2025 · 2025-04-29

Pankaj Purohit

body2025

Judgment text

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2025:UHC:3209 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 367 of 2025 29 April, 2025 Mohammad Nahid --Petitioner Versus State of Uttarakhand and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Susheel Kumar, learned counsel for petitioner. Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for the State of Uttarakhand. Hon'ble Pankaj Purohit, J. Heard learned Counsel for the parties. 2. By means of the present writ petition, petitioner has put to challenge the FIR No.91 of 2025 dated 21.03.2025, under Sections 8/21/29/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 qua the petitioner, registered with Police Station Bhagwanpur, District Haridwar and further for a direction to respondent Nos.1 & 2 not to arrest the petitioner and not to take any coercive method against him, in pursuant to the aforesaid FIR. 3. It is contended by learned counsel for the petitioner that though the petitioner was named in the FIR, but his name was disclosed by the co- accused person, who is found in possession of the contraband of 08 gram of Smack. 1 2025:UHC:3209 4. From perusal of the first information report, it transpires that the petitioner along with co-accused person was carrying 08 gram of Smack, hence, allegations made in the first information report are very serious and discloses commission of offence. Since, prima-facie, the offence is made out against the petitioner, no interference is warranted by this Court. Accordingly, the present criminal writ petition is dismissed in-limine. 6. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 29.04.2025 PN 2 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.04.29 16:42:46 +05'30'