HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19301 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J. HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 16.8.2025 giving rise to Case Crime No. 0538 of 2025, under Section 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station-Chaubeypur, District- Varuna (Commissionerate Varanasi). 3. Learned counsel for the petitioner has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner and, as such, the instant first information report is liable to be quashed. 4. Per contra, learned AGA has submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed under NDPS Act against the petitioner and, as such, the first information report cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 5. Having considered the rival submissions made by the learned counsel for Versus Counsel for Petitioner(s) : Ashwani Kumar Yadav Counsel for Respondent(s) : G.A. Ramagya Chaubey .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) the parties and taking into consideration the allegations made in the first information report and the relevant law cited by the learned AGA and the fact that impugned first information report discloses cognizable offence, we are of the opinion that the impugned first information report cannot be quashed. 6. The prayer for quashing of the first information report is therefore, refused. 7. However, in case the petitioner files an application for regular bail before the appropriate court, his bail application be considered and disposed of as expeditiously as possible in accordance with law. 8. With these observations, the instant writ petition is disposed of. September 23, 2025 KU CRLP No. 19301 of 2025 2 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad