Ajay Kumar v. State of Uttaranchal/ Uttarakhand

Shri R.K. Verma, Advocate, holding brief of Shri K.S. Verma, Advocate, present for the petitioner. Shri M.A. Khan, Brief Holder, present for the State. Hon’ble Prafulla C. Pant, J. Heard.

By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C) the petitioner has sought quashing of the proceedings of criminal case no. 40 of 2004 State vs. Ajay Kumar, relating to offence punishable under section 8/27 Narcotic Drugs and Psychotropic Substances Act, 1985, pending in the court of Special Judge/Sessions Judge, Haridwar.

Learned counsel for the petitioner pleaded that the compliance of provisions contained in section 50 is not made by arresting authorities. On going through the papers on record, this Court finds that said question is a disputed question of fact in the present case, which can be examined only by the trial court, after recording the evidence. It is not desirable on the part of this Court to form any opinion on the basis of incomplete evidence.

Next submission advanced on behalf of the petitioner is that the drugs ‘PHENERGAN’ and ‘FORTWIN’ are not prohibited drugs. It pleaded that the petitioner is a licensed chemist, who has a authority to sell the drugs. However, the drugs could have been sold only on the prescription registered by medical officer. In the first information report, it is alleged that the aforesaid drugs have being sold to the students near Nehru Stadium. Again, it is a factual dispute as to whether the petitioner was getting sold, the drugs in the manner alleged in the first information report or not.

Therefore, without expressing any opinion as to the final merits of the case, this Court is not inclined to interfere with the trial of the case. Accordingly, the petition under section 482 of Cr.P.C., is dismissed. Registry is directed to inform the court concerned accordingly. Dt. 14.06.2010 Parul (Prafulla C. Pant, J.)