2025:UHC:6075 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 523 of 2025 14 July, 2025 Kamal Alias Kamlesh Sanga --Petitioner Versus State Of Uttarakhand and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. B.M. Pingal, learned counsel for petitioner. Mr. S.S. Chauhan, learned D.A.G. with Mr. Vikas Uniyal, learned Brief Holder for the State of Uttarakhand/respondent Nos.1 to 3. Hon'ble Pankaj Purohit, J. Delay in filing the counter affidavit is condoned. Counter affidavit filed by the State is taken on record. Delay Condonation Application (IA/2/ 2025) made therefor, is allowed. 2. By means of the present writ petition, petitioner has put to challenge the impugned FIR No.0008 of 2025 dated 09.04.2025, for the offences punishable under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, registered with Police Station Pati, District Champawat in league with notice issued under Section 94 of B.N.S.S., 2023, against the petitioner and further not to arrest him and not to take any coercive measure against him in pursuant to aforesaid FIR. 1 2025:UHC:6075 3. It is the case of the petitioner that the petitioner is not named in the First Information Report and only much is there in the impugned FIR that the named accused-Pannath made a statement before the Investigating Officer that he used to purchase the contraband i.e. Charas from the petitioner, who runs a grocery shop in Dharanaula, District Almora. 4. It is submitted by learned counsel for the petitioner that a notice under Section 94 of B.N.S.S., 2023 has been issued to the petitioner on 13.05.2025, but due to the apprehension that the petitioner may be arrested, he is not appearing before the Investigating Officer. 5. I have read the Section 94 of B.N.S.S., 2023, wherein, the power has been granted to Investigating Officer to summon a person to produce documents or any other things. Petitioner is called by the Investigating Officer by issuing notice under Section 94 of B.N.S.S., 2023 for producing the documents in his favour. This Court is of the view that some protection can be given to the petitioner at this stage. 6. Learned State Counsel has filed its counter affidavit and this fact has not been denied by the learned State Counsel if protection is given to the petitioner. 2 2025:UHC:6075 7. In view of the above, the present criminal writ petition is disposed of. However, it is provided that the petitioner shall appear before the Investigating Officer within 07 days from today i.e. on or before 21.07.2025, as per the notice dated 13.05.2025 issued under Section 94 of B.N.S.S., 2023 and no coercive measure shall be taken against the petitioner by the Investigating Officer, without getting any credible evidence against the petitioner. 8. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 14.07.2025 PN 3 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe3 8331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81F AE064498483A83D84BDB0F9229D5BF08D959A C, cn=PREETI NEGI Date: 2025.07.15 10:54:47 +05'30'