Neutral Citation No. - 2025:AHC:86301 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18189 of 2025 Applicant :- Rajanikant Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash charge sheet dated 23.10.2023, along with cognizance order dated 30.10.2023 passed by learned Additional Session Judge (F.T.C. First) Chandauli, District Chandauli, in Special Session Trial no. 997 of 2023 (State vs. Suraj Kumar and others) arising out of Case Crime no. 0052 of 2023, under section 8/20 of NDPS Act, and under sections 419, 420, 467, 468 IPC, PS- Chakarghatta, District Chandauli. 3. Brief facts of the case as narrated by learned counsel for applicant is that opposite party no. 2/concerned Sub-Inspector lodged FIR against applicant and another co-accused alleging therein that both the accused were going toward Vaini, Sonbhadra carrying contraband Ganja and after being intercepted, recovery of 14 kg 600 gram of contraband Ganja has been made from possession of applicant. After conclusion of investigation, charge sheet has been submitted whereupon learned concerned court took cognizance vide impugned order dated 30.10.2023. 4. It is contended by learned counsel for applicant that applicant has not committed aforesaid offence, nor apprehended by police concerned at alleged spot along with contraband Ganja. Since some hot talk took place between the applicant and police personnel hence, he has been falsely implicated in present case. Mandatory provision of Section 50 of NDPS Act has also not been followed hence entire proceeding is liable to be quashed. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 6. After hearing rival submissions extended by learned counsels for the parties and perusing the records, this Court is of the opinion that argument raised by learned counsel for applicant regarding false recovery as narrated in FIR is subject matter of trial which can only be adjudicated by learned court only and cannot be conclusively determined in proceeding u/s 528 BNSS. Prima facie, it cannot be said that no offence is made out against the applicant. 7. It is well settled that the inherent powers under Section 528 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 528 BNSS. 8. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. Order Date :- 21.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad