UKHC010098582026 2026:UHC:5300 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1059/2026 Waseem ……….Petitioner Versus State Of Uttarakhand .……Respondent Hon'ble Alok Mahra, J. Ms. Sadaf, learned counsel for the petitioner. 2. Mr. Deepak Bisht, learned Deputy A.G. along with Mr. Jaiprakash Kandpal, learned Brief Holder for the State. 3. By means of the present criminal writ petition filed under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ, order or direction in the nature of certiorari for quashing the Case Crime/F.I.R. No. 0183 of 2026 dated 20.05.2026, registered under Sections 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Gangnahar, District Haridwar, along with all consequential proceedings arising therefrom. The petitioner has further prayed for issuance of a writ, order or direction in the nature of mandamus commanding the respondent not to arrest or otherwise harass the petitioner in pursuance of the aforesaid F.I.R. 4. Learned counsel for the petitioner would submit that the petitioner is innocent and has falsely been implicated in the present case; that, no contraband has been recovered from the conscious UKHC010098582026 2026:UHC:5300 possession of the petitioner and that his implication rests solely upon the confessional statements of the co- accused persons, who allegedly stated that the recovered contraband had been purchased from the petitioner; that, apart from such disclosure statements, there is no independent material, cogent evidence, or witness connecting the petitioner with the commission of the alleged offence. 5. Learned counsel would further submit that the petitioner is a street vendor earning his livelihood by selling watermelons near Railway Station Road, Roorkee, District Haridwar, and has been falsely implicated in the present case. On these premises, it is contended that the impugned F.I.R. deserves to be quashed. 6. Per contra, learned State Counsel would vehemently oppose the writ petition and submit that the petitioner has been rightly implicated during the course of investigation after due compliance with the provisions of the Act; that, the co-accused persons, in their statements, disclosed that they had purchased the alleged contraband from the petitioner and also furnished his mobile phone number to the investigating agency, therefore, sufficient material exists to proceed with the investigation and that no interference is warranted by this Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India. 7. In reply, learned counsel for the petitioner submits that, without prejudice to the rights and contentions of the petitioner, he is willing to surrender UKHC010098582026 2026:UHC:5300 before the court concerned and seek appropriate relief in accordance with law. It is, therefore, prayed that limited protection may be granted to enable the petitioner to surrender before the competent court. 8. Having heard learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is not inclined to entertain the prayer for quashing the impugned F.I.R. at this stage. However, considering the submission made on behalf of the petitioner, it is provided that the petitioner shall surrender before the court concerned within a period of two weeks from today and move an appropriate application for bail, which shall be considered and decided by the court concerned strictly in accordance with law. Till the expiry of the aforesaid period of two weeks, the petitioner shall not be arrested in connection with the impugned F.I.R. 9. It is made clear that if the petitioner fails to surrender before the court concerned within the aforesaid period, the protection granted by this order, if any, shall automatically stand vacated without any further reference to this Court. 10. Subject to the aforesaid observations and directions, the writ petition stands disposed of. 11. Pending applications, if any, also stand disposed of. (Alok Mahra, J.) 02.07.2026 Mamta MAM TA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3 e584af1449e430ef900bf09a6d67e bbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cab fd54852c9e68911ca8b66dd26690 a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.07.03 11:53:15 +05'30'