HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34309 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the entire proceeding as well as discharge order dated 24.7.2025 passed by learned Additional Session Judge/Special Judge (E.C. Act) Jalaun at Orai in Special Sessions Trial no. 9 of 2024 (State vs. Neeraj Kumar) arising out of Case Crime no. 170 of 2023 under section 21/22 NDPS Act, PS- Kotwali Koch, District Jalaun. 3. While assailing the impugned order dated 24.7.2025, whereby discharge application preferred at the behest of applicant has been rejected, learned counsel for applicant contended that the same has been passed in arbitrary manner. The concerned police authority picked up applicant from outside of Session Court premises without any reason and it has been alleged that 10.78 gram smack (morphine) has been recovered from possession of applicant. There is no compliance of mandatory provision of NDPS Act and as such impugned order dated 24.7.2025 is liable to be set aside and quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 5. I have considered the rival submissions and have gone through the entire record. Versus Counsel for Applicant(s) : Manjulesh Kumar Shukla, Yogesh Dutta Mishra Counsel for Opposite Party(s) : G.A. Neeraj Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. From perusal of the records, it transpires that learned trial court while rejecting the discharge application of applicant rightly exercised the authority as mandated under Section 227 Cr.P.C that while considering discharge application only this aspect has to be considered whether there is sufficient ground to proceed against the accused or not? It is apparent that the discharge application preferred on behalf of applicant has been rejected after considering the entire material and evidence on records and it has been observed by learned trial court that on the basis of perusal of records, prima facie offence is made out against the applicant. 7. Looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicant and as such no cause of action survives in favour of applicant to pursue the instant application. I do not find any infirmity in the impugned order dated 24.07.2025. 8. The instant application lacks merit and is accordingly dismissed. September 10, 2025 Shaswat NA528 No. 34309 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad