Mohd. Masooq Ali v. U.O.I. Thru. Intelligence Officer Narcotics Control Bureau Lko

2. Heard Shri Nand Lal Pandey, learned counsel for the applicant and Shri Akhilesh Kumar Awasti, learned counsel for the Narcotics Control Bureau- opposite party and perused the record.

3. The present application has been filed with the following prayer : (i). to quash the process issued u/s 82 Cr.P.C. on dated 16.02.2023 passed by the learned Court of Additional District and Sessions Judge, Special Judge, N.D.P.S. Act, Lucknow in N.C.B. Crime No. 22 of 2019 u/s 8, 21, 29 of N.D.P.S. Act, Police Station- N.C.B., District- Lucknow pending before the learned court of Additional District and Sessions Judge-11, Lucknow."

4. In pursuance of the earlier order dated 13.11.2025, Shri Kaushlendra Mishra, Intelligence Officer, Narcotics Control Bureau (in short 'NCB'), Lucknow is present along with the copy of relevant record.

5. The order dated 13.11.2025 passed by this Court is quoted as under : "1. Heard learned counsel for the applicant, Sri Akhilesh Kumar Awasthi, learned Special Counsel for the N.C.B. and perused the record.

2. This application has been filed with the following prayer:- "To quash the proceedings initiated u/s 82 Cr.P.C. vide order dated 16.02.2023 passed by learned District and Sessions Judge, Special Judge, N.D.P.S. Act, Lucknow in N.C.B. Crime No. 22 of 2019 u/s 8, 21, 29 of N.D.P.S. Act, Police Station- N.C.B., District- Lucknow."

3. Learned counsel for the applicant submits that the applicant is being dragged by 2 A482 No. 9255 of 2025 the officials of N.C.B. The non bailable warrant was issued against the applicant on 22.11.2022. Thereafter, an application was filed before learned trial Court for initiation of process u/s 82 of Cr.P.C. It is further submitted that a cryptic order was passed on 16.02.2023 by learned trial Court, which was challenged by the applicant before this Court in Application u/s 482 No. 3758 of 2023. This application was disposed of on 19.04.2023 and one month's time was granted to the applicant to appear before N.C.B. for inquiry, which has been initiated against him and till then, protection was given to him. In pursuance of the order dated 19.04.2023 passed by this Court, the applicant appeared in the office of N.C.B. Thereafter, the applicant was thrice recovered by the officers of N.C.B. On 21.08.2025, officials again visited the house of the applicant, scolded his family members and took pictures of female members. It is next submitted that in reference to the application filed by the applicant before learned trial Court for knowing the status of the inquiry, the photographs, which were taken on 21.08.2025, were placed alongwith the report duly signed by Mr. Kaushlendra Mishra, Inspector/Investigating Officer, N.C.B., Lucknow, in which, it is admitted that in compliance of the order dated 19.04.2023 passed by this Court, the applicant forwarded a written statement to the office by speed post. However, no notice was given for appearance of the applicant on any specific date for recording his oral statement.

4. List this case on 24.11.2025 at 11:30 A.M.

5. On the next date, the Investigating Officer of the case in question shall appear in person before this Court alongwith complete record including the notices as well as the application given before the trial Court for taking non bailable warrant etc.

6. The applicant is further directed to appear in the office of Zonal Officer, N.C.B. on 17.11.2025 at 11:30 A.M. for recording his statement.

7. Till the next date, no coercive action shall be taken against the applicant."

6. As per prosecution case, as the record reveals that on 30.05.2019, one Md. Islam was arrested by the Officers of NCB and was taken into custody. He was intercepted in joint operation with the STF and thereafter his statement was recorded under Section 67 of the NDPS Act on the same day in which he stated that the alleged contraband was received by him on his order from Guwahati, Assam and same was kept at his brother-in-law's house namely Mashuk, Son of Yasin, R/o Mohalla Gulam Nagar, near Amber Marriage Hall, Thakurganj, District Lucknow. After completion of election, he was going to Barabanki along with the contraband and he also stated the names of the carriers who brought the article from Guwahati which was provided to him. Thereafter, the team of NCB prepared the arrest memo and sent to jail on the same day. The team of Officers of NCB under the leadership of Mr. Pankaj Kumar, Intelligence Officer, NCB Lucknow visited the house of the applicant on 31.5.2019 and conducted search in between 01:35 to 02:30 p.m. and also interrogated the Son of applicant Mohd. Mehboob as well as the applicant. The search memo was also signed by the son of the applicant. In the aforesaid search memo, it is observed that the search was conducted with the consent of the applicant as well as his family members and close search was conducted and no incriminating 3 A482 No. 9255 of 2025 material was found. It is also observed in the statement of son of applicant that the applicant is running a shop and his source of employment is E-R ickshaw and they are also not aware of the illegal activities of Md. Islam. The applicant and his family members were also not associated in the activities of Md. Islam. The contents of search memo dated 30.05.2019 prepared by Shri Pankaj Kumar, NCB, Lucknow is as under : "घर तलाशी िरपोट(cid:259) िदनांक 31.5.19 म(cid:520) पंकज कु मार-आसूचना अिधकारी, एन.सी.बी. लखनऊ कल िदनांक 30.5.19 को NCB और STFलखनऊ की संयु(cid:472) काय(cid:259)वाही म(cid:517) समता मूलक चौराहा, गोमतीनगर लखनऊ म(cid:517) कु ल 55 िकलो(cid:334)ाम मोिफन पाउडर की ंध म(cid:517) मो० इ(cid:293)लाम पु(cid:347) शहीर िनवासी चंदौली, थाना-जैदपुर, जनपद बाराबंकी (उ (cid:352)) की ज(cid:284)ती और इस संबं िगर(cid:283)तारी और इस अपराध के फोलो-अप काय(cid:259)वाही हेतु मोह(cid:286)मद इ(cid:293)लाम के बहनोई भी मामु के घर पता - गुलामनगर, मकान नं. 4291887, अंबर मैरेज हाल के पास ठाकु रगंज, लखनऊ, पर काया(cid:259)लय आदेश पर प(cid:631)ंचे। एन सी बी लखनऊ की टीम म(cid:517) मेरे अलावा (cid:361)ी अवधेश चौधरी (िसपाही), (cid:361)ी पु(cid:627)षोतम कु मार ((cid:344)ाईवर) के अलावा सहादतगंत पुिलस (cid:293)टेशन के इमदाद (cid:361)ी (cid:352)दीप कु मार (CT-4005) एवं (cid:361)ीमित (cid:293)वेती अिनहो(cid:347)ी (WCT-4751) शािमल है। उपरो(cid:472) पते पर पूछते-२ प(cid:631)ँचकर आस प(cid:237)ोस मौजूद लोग(cid:523) ने मासुक, S/o- यासीन का मकान िदखाया। यह एक पुराना पीले रंग की पुताई वाला मकान था िजसम(cid:517) लोहे के दो दरखाने और बीच म(cid:517) एक लोहे की (cid:334)ील वाली िखडकी थी। दरवाजा खटखटाने पर एक ल(cid:237)के ने दरवाजा खोला। मैने अपना और टीम के सद(cid:293)य(cid:523) का पिरचय देकर उसका नाम पूछा तो उसने अपना नाम मोह(cid:286)मद महमूद S/o मो. मासूक बताया) चू ंिक मो. मासूक घर से बाहर थे, उनको फोन करके बुलाया गया और िफर दोन(cid:523) को मोह(cid:286)मद इ(cid:293)लाम नो िक मो. मासूक के साले ह(cid:520), से 5.5 िकलो मोिफन पाउडर की ज(cid:284)ती और उनकी िगर(cid:283)तारी के बारे म(cid:517) बताया और मामले के अ(cid:281)वेषण के दौरान मो. इ(cid:293)लाम का उपरो(cid:472) पते पर आना-जाना और ठहरना सामने आया इसिलए घर की तलाशी की इ(cid:267)छा जताया। मोहमद मासूक ने इसके िलए सहमित दे दी। मो. मासूक ने बताया िक मो. इ(cid:293)लाम आज से 4-5 िदन पहले कु छ समय के िलए इस पते पर आया था और िमल कर चला गया था। टीम (cid:497)ारा घर तलाशी से पहले मैने मो. मासूक को अपना और टीम के सद(cid:293)य(cid:523) की (cid:498)ि(cid:472)गत तलाशी पेश की िजसको उ(cid:281)ह(cid:523)ने िव(cid:502)ास जताते (cid:631)ए मना कर िदया। उसके बाद म(cid:520) दल के साथ घर म(cid:517) (cid:352)वेश िकया। घर म(cid:517) तीन कमरे और आंगन देखा गया। एक छोटा सा िकचन और छत पर जाने के िलए सीि(cid:238)या है। छत के ऊपर िसफ(cid:259) पानी का एक टंकी है और कोई कमरा नह(cid:514) है। घर की सघनता से तलाश ली गई। परंतु तलाशी म(cid:517) िकसी (cid:352)कार का संिद(cid:264)ध मादक पदाथ(cid:259) या नारकोिट(cid:262)स नही पाया गया। और कोई भी गैर-कानूनी सामान नह(cid:514) देखा गया। घर म(cid:517) मो मासूक के दो ल(cid:237)के और उनकी पि(cid:277)नयाँ और ब(cid:267)चे थे। मोह(cid:286)मद महमूद ने बताया िक उनके िपता की मो. मासूक की आसपास ही एक िमठाई की (cid:621)कान है। वह (cid:293)वयं बैटरी िर(cid:262)शा चलाकर कमाता है। पूछताछ म(cid:517) पता चला िक इस पिरवार को मामा मो. इ(cid:293)लाम के गैर कानूनी धंध(cid:523) की कोई जानकारी नह(cid:514) है और न ही िकसी तरह का सहयोग है। तलाशी की काय(cid:259)वाही दोपहर 1.35 बजे से 2.30 बजे तक चली। मौके पर तलाशी िरपोट(cid:259) बनाई गई) धािमक भावना एवं मिहला स(cid:286)मान का (cid:280)यान रखा गया। काय(cid:259)वाही शांितपूव(cid:259)क संप(cid:281)न (cid:631)ई।" पंकज कु मार आसूचना अिधकारी NCB Lucknow 31-5-19"

7. Shri Kaushlendra Mishra, Intelligence Officer, NCB, Lucknow who is present before this Court has informed that notice under Section 67 was given to the applicant on 13.06.2019, A team of Intelligence Officer, under 4 A482 No. 9255 of 2025 the leadership of Shri Rameshwar Das also reached at the house of applicant along with Md. Islam who (was arrested on 30.05.2019) and search was again conducted but no incriminating material was found and thereafter it was informed to the family members of applicant. After giving notice under Section 67 (2), the family members were also requested to apprise him for appearing before the NCB Office for recording his statement. Thereafter, other notices were sent through registered post on 26.07.2019 and 09.09.2019.

8. In response to the letter dated 09.09.2019, reply was given by the son of applicant dated 19.09.2019 that his father (applicant ) is unable to move and he is also suffering from diabetes and chronic heart disease.

9. On 18.10.2019, request was made before the competent court for issuing non-bailable warrant but the court ordered for issuance of summons and thereafter on 15.03.2021 another registered notice was sent.

10. Again a request was made before the competent court on 06.09.2021 for issuance of non-bailable warrant. Thereafter, on 21.10.2021, bailable warrant was issued by the competent court and thereafter, non-bailable warrant was issued on 16.2.2023, which was challenged before this Court and petition was disposed of giving liberty to the applicant to appear before the Officers of NCB for enquiry within one month and protection was also given. The order dated 19.4.2023, is passed by this Court in Application u/s 482 Cr.P.C. No.3758 of 2023 is as under : "Heard learned counsel for the applicant and Sri Akhilesh Kumar Awasthi, learned counsel for the NCB. This application under Section 482 Cr.P.C. has been filed to quash the impugned order of proclamation under Section 82 Cr.P.C. dated 16.2.2023 passed by the learned Additional District Judge, Court No. 11, Lucknow in criminal complaint case no. 3478 of 2019 ( Union of India Vs. Mohd. Islam) in pursuant to N.C.B. Case No. 22 of 2019 under Section 8/21/27A/29/60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short " the N.D.P.S. Act") registered at N.C. B. Zonal Unit, Lucknow and entire proceedings of N.C.B. Case No. 22 of 2019. Learned counsel for the applicant submitted that incriminating article has not bee recovered from the possession of the applicant, who is brother-in-law (Bahnoi) of the main accused Mohd. Islam. Only recovery of 5.5 Kgs morphine has been shown from the possession of the main accused- Mohd. Islam near Samta Mulak Chauraha, Lucknow on 30.5.2019 at 14:30. Initially, the applicant has not been roped in the present case, in fact, name of the applicant came into the light in the confessional statement of the Mohd. Islam, which has been recorded by the NCB officials under 5 A482 No. 9255 of 2025 Section 67 of the N.D.P.S. Act in which he stated that the seized morphine was kept at the residence of his brother-in-law (the applicant). On the basis of the statement of the confessional statement of the Mohd. Islam, notice for enquiry has been issued against the applicant. As the applicant failed to observe the said notice under Section 67 N.D.P.S. Act, therefore, coercive process has been issued against the applicant and thereafter, process under Section 82 Cr.P.C. has also been issued against the applicant by sessions court. He further submitted that if the coercive action is kept in abeyance then he shall be ready to cooperate with the NCB in the enquiry and investigation. Learned counsel for the NCB submitted that the applicant is not cooperating in the investigation and also in the enquiry conducted against him under Section 67 of the N.D.P.S. Act. If the applicant is ready to cooperate in the investigation then some time may be given to the applicant for appearance before the NCB. The provision of Section 67 of the N.D.P.S. Act is read as under :- Section 67 in The Narcotic Drugs and Psychotropic Substances Act, 1985

67. Power to call for information, etc.?Any officer referred to in section 42 who is authorised in this behalf by the Central Government or a State Government may, during the course of any enquiry in connection with the contravention of any provisions of this Act,? (a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder; (b) require any person to produce or deliver any document or thing useful or relevant to the enquiry; (c) examine any person acquainted with the facts and circumstances of the case. In view of the aforesaid facts and circumstances, one month's time is give to the applicant to appear before the NCB for enquiry, which has been initiated against him.. It is also directed that if any credible evidence is collected or given by the applicant, then proceedings may be follow against the applicant in accordance with law. For the period of one month from today, no coercive action shall be taken against the applicant. With the aforesaid observations/direction, the present application under Section 482 Cr.P.C. is disposed of."

11. Learned counsel for the applicant also submitted that in pursuance of the direction of this Court (supra), applicant visited the NCB office several times as stated in Para 21 of the petition but his statement was not recorded and 6 A482 No. 9255 of 2025 thereafter, under compulsion, the present petition has been filed and now the statement of the applicant has already been recorded on 17.11.2025. As the non-bailable warrant was issued on the request of Officers of NCB on the averment that he was not appearing for recording his statement under Section 67. Now the statement has already been recorded, therefore, this Court is of the view that the order dated 16.2.2023 is liable to be set aside.

12. Accordingly, the present application is allowed. The order dated 16.02.2023 passed by the Special Judge, NDPS Act, is set aside and is hereby, quashed.

13. It is expected that the applicant will cooperate in the enquiry. It is open to the Officer to act in accordance with law.

14. The presence of the Officer is hereby, dispensed with.

15. Record provided by office be returned to him in presence of counsel for N.C.B. November 24, 2025 Pks (Rajeev Singh,J.) POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

2. Heard Shri Nand Lal Pandey, learned counsel for the applicant and Shri Akhilesh Kumar Awasti, learned counsel for the Narcotics Control Bureau- opposite party and perused the record.

3. The present application has been filed with the following prayer : (i). to quash the process issued u/s 82 Cr.P.C. on dated 16.02.2023 passed by the learned Court of Additional District and Sessions Judge, Special Judge, N.D.P.S. Act, Lucknow in N.C.B. Crime No. 22 of 2019 u/s 8, 21, 29 of N.D.P.S. Act, Police Station- N.C.B., District- Lucknow pending before the learned court of Additional District and Sessions Judge-11, Lucknow."

4. In pursuance of the earlier order dated 13.11.2025, Shri Kaushlendra Mishra, Intelligence Officer, Narcotics Control Bureau (in short 'NCB'), Lucknow is present along with the copy of relevant record.

5. The order dated 13.11.2025 passed by this Court is quoted as under : "1. Heard learned counsel for the applicant, Sri Akhilesh Kumar Awasthi, learned Special Counsel for the N.C.B. and perused the record.

2. This application has been filed with the following prayer:- "To quash the proceedings initiated u/s 82 Cr.P.C. vide order dated 16.02.2023 passed by learned District and Sessions Judge, Special Judge, N.D.P.S. Act, Lucknow in N.C.B. Crime No. 22 of 2019 u/s 8, 21, 29 of N.D.P.S. Act, Police Station- N.C.B., District- Lucknow."

3. Learned counsel for the applicant submits that the applicant is being dragged by 2 A482 No. 9255 of 2025 the officials of N.C.B. The non bailable warrant was issued against the applicant on 22.11.2022. Thereafter, an application was filed before learned trial Court for initiation of process u/s 82 of Cr.P.C. It is further submitted that a cryptic order was passed on 16.02.2023 by learned trial Court, which was challenged by the applicant before this Court in Application u/s 482 No. 3758 of 2023. This application was disposed of on 19.04.2023 and one month's time was granted to the applicant to appear before N.C.B. for inquiry, which has been initiated against him and till then, protection was given to him. In pursuance of the order dated 19.04.2023 passed by this Court, the applicant appeared in the office of N.C.B. Thereafter, the applicant was thrice recovered by the officers of N.C.B. On 21.08.2025, officials again visited the house of the applicant, scolded his family members and took pictures of female members. It is next submitted that in reference to the application filed by the applicant before learned trial Court for knowing the status of the inquiry, the photographs, which were taken on 21.08.2025, were placed alongwith the report duly signed by Mr. Kaushlendra Mishra, Inspector/Investigating Officer, N.C.B., Lucknow, in which, it is admitted that in compliance of the order dated 19.04.2023 passed by this Court, the applicant forwarded a written statement to the office by speed post. However, no notice was given for appearance of the applicant on any specific date for recording his oral statement.

4. List this case on 24.11.2025 at 11:30 A.M.

5. On the next date, the Investigating Officer of the case in question shall appear in person before this Court alongwith complete record including the notices as well as the application given before the trial Court for taking non bailable warrant etc.

6. The applicant is further directed to appear in the office of Zonal Officer, N.C.B. on 17.11.2025 at 11:30 A.M. for recording his statement.

7. Till the next date, no coercive action shall be taken against the applicant."

6. As per prosecution case, as the record reveals that on 30.05.2019, one Md. Islam was arrested by the Officers of NCB and was taken into custody. He was intercepted in joint operation with the STF and thereafter his statement was recorded under Section 67 of the NDPS Act on the same day in which he stated that the alleged contraband was received by him on his order from Guwahati, Assam and same was kept at his brother-in-law's house namely Mashuk, Son of Yasin, R/o Mohalla Gulam Nagar, near Amber Marriage Hall, Thakurganj, District Lucknow. After completion of election, he was going to Barabanki along with the contraband and he also stated the names of the carriers who brought the article from Guwahati which was provided to him. Thereafter, the team of NCB prepared the arrest memo and sent to jail on the same day. The team of Officers of NCB under the leadership of Mr. Pankaj Kumar, Intelligence Officer, NCB Lucknow visited the house of the applicant on 31.5.2019 and conducted search in between 01:35 to 02:30 p.m. and also interrogated the Son of applicant Mohd. Mehboob as well as the applicant. The search memo was also signed by the son of the applicant. In the aforesaid search memo, it is observed that the search was conducted with the consent of the applicant as well as his family members and close search was conducted and no incriminating 3 A482 No. 9255 of 2025 material was found. It is also observed in the statement of son of applicant that the applicant is running a shop and his source of employment is E-R ickshaw and they are also not aware of the illegal activities of Md. Islam. The applicant and his family members were also not associated in the activities of Md. Islam. The contents of search memo dated 30.05.2019 prepared by Shri Pankaj Kumar, NCB, Lucknow is as under : "घर तलाशी िरपोट(cid:259) िदनांक 31.5.19 म(cid:520) पंकज कु मार-आसूचना अिधकारी, एन.सी.बी. लखनऊ कल िदनांक 30.5.19 को NCB और STFलखनऊ की संयु(cid:472) काय(cid:259)वाही म(cid:517) समता मूलक चौराहा, गोमतीनगर लखनऊ म(cid:517) कु ल 55 िकलो(cid:334)ाम मोिफन पाउडर की ंध म(cid:517) मो० इ(cid:293)लाम पु(cid:347) शहीर िनवासी चंदौली, थाना-जैदपुर, जनपद बाराबंकी (उ (cid:352)) की ज(cid:284)ती और इस संबं िगर(cid:283)तारी और इस अपराध के फोलो-अप काय(cid:259)वाही हेतु मोह(cid:286)मद इ(cid:293)लाम के बहनोई भी मामु के घर पता - गुलामनगर, मकान नं. 4291887, अंबर मैरेज हाल के पास ठाकु रगंज, लखनऊ, पर काया(cid:259)लय आदेश पर प(cid:631)ंचे। एन सी बी लखनऊ की टीम म(cid:517) मेरे अलावा (cid:361)ी अवधेश चौधरी (िसपाही), (cid:361)ी पु(cid:627)षोतम कु मार ((cid:344)ाईवर) के अलावा सहादतगंत पुिलस (cid:293)टेशन के इमदाद (cid:361)ी (cid:352)दीप कु मार (CT-4005) एवं (cid:361)ीमित (cid:293)वेती अिनहो(cid:347)ी (WCT-4751) शािमल है। उपरो(cid:472) पते पर पूछते-२ प(cid:631)ँचकर आस प(cid:237)ोस मौजूद लोग(cid:523) ने मासुक, S/o- यासीन का मकान िदखाया। यह एक पुराना पीले रंग की पुताई वाला मकान था िजसम(cid:517) लोहे के दो दरखाने और बीच म(cid:517) एक लोहे की (cid:334)ील वाली िखडकी थी। दरवाजा खटखटाने पर एक ल(cid:237)के ने दरवाजा खोला। मैने अपना और टीम के सद(cid:293)य(cid:523) का पिरचय देकर उसका नाम पूछा तो उसने अपना नाम मोह(cid:286)मद महमूद S/o मो. मासूक बताया) चू ंिक मो. मासूक घर से बाहर थे, उनको फोन करके बुलाया गया और िफर दोन(cid:523) को मोह(cid:286)मद इ(cid:293)लाम नो िक मो. मासूक के साले ह(cid:520), से 5.5 िकलो मोिफन पाउडर की ज(cid:284)ती और उनकी िगर(cid:283)तारी के बारे म(cid:517) बताया और मामले के अ(cid:281)वेषण के दौरान मो. इ(cid:293)लाम का उपरो(cid:472) पते पर आना-जाना और ठहरना सामने आया इसिलए घर की तलाशी की इ(cid:267)छा जताया। मोहमद मासूक ने इसके िलए सहमित दे दी। मो. मासूक ने बताया िक मो. इ(cid:293)लाम आज से 4-5 िदन पहले कु छ समय के िलए इस पते पर आया था और िमल कर चला गया था। टीम (cid:497)ारा घर तलाशी से पहले मैने मो. मासूक को अपना और टीम के सद(cid:293)य(cid:523) की (cid:498)ि(cid:472)गत तलाशी पेश की िजसको उ(cid:281)ह(cid:523)ने िव(cid:502)ास जताते (cid:631)ए मना कर िदया। उसके बाद म(cid:520) दल के साथ घर म(cid:517) (cid:352)वेश िकया। घर म(cid:517) तीन कमरे और आंगन देखा गया। एक छोटा सा िकचन और छत पर जाने के िलए सीि(cid:238)या है। छत के ऊपर िसफ(cid:259) पानी का एक टंकी है और कोई कमरा नह(cid:514) है। घर की सघनता से तलाश ली गई। परंतु तलाशी म(cid:517) िकसी (cid:352)कार का संिद(cid:264)ध मादक पदाथ(cid:259) या नारकोिट(cid:262)स नही पाया गया। और कोई भी गैर-कानूनी सामान नह(cid:514) देखा गया। घर म(cid:517) मो मासूक के दो ल(cid:237)के और उनकी पि(cid:277)नयाँ और ब(cid:267)चे थे। मोह(cid:286)मद महमूद ने बताया िक उनके िपता की मो. मासूक की आसपास ही एक िमठाई की (cid:621)कान है। वह (cid:293)वयं बैटरी िर(cid:262)शा चलाकर कमाता है। पूछताछ म(cid:517) पता चला िक इस पिरवार को मामा मो. इ(cid:293)लाम के गैर कानूनी धंध(cid:523) की कोई जानकारी नह(cid:514) है और न ही िकसी तरह का सहयोग है। तलाशी की काय(cid:259)वाही दोपहर 1.35 बजे से 2.30 बजे तक चली। मौके पर तलाशी िरपोट(cid:259) बनाई गई) धािमक भावना एवं मिहला स(cid:286)मान का (cid:280)यान रखा गया। काय(cid:259)वाही शांितपूव(cid:259)क संप(cid:281)न (cid:631)ई।" पंकज कु मार आसूचना अिधकारी NCB Lucknow 31-5-19"

7. Shri Kaushlendra Mishra, Intelligence Officer, NCB, Lucknow who is present before this Court has informed that notice under Section 67 was given to the applicant on 13.06.2019, A team of Intelligence Officer, under 4 A482 No. 9255 of 2025 the leadership of Shri Rameshwar Das also reached at the house of applicant along with Md. Islam who (was arrested on 30.05.2019) and search was again conducted but no incriminating material was found and thereafter it was informed to the family members of applicant. After giving notice under Section 67 (2), the family members were also requested to apprise him for appearing before the NCB Office for recording his statement. Thereafter, other notices were sent through registered post on 26.07.2019 and 09.09.2019.

8. In response to the letter dated 09.09.2019, reply was given by the son of applicant dated 19.09.2019 that his father (applicant ) is unable to move and he is also suffering from diabetes and chronic heart disease.

9. On 18.10.2019, request was made before the competent court for issuing non-bailable warrant but the court ordered for issuance of summons and thereafter on 15.03.2021 another registered notice was sent.

10. Again a request was made before the competent court on 06.09.2021 for issuance of non-bailable warrant. Thereafter, on 21.10.2021, bailable warrant was issued by the competent court and thereafter, non-bailable warrant was issued on 16.2.2023, which was challenged before this Court and petition was disposed of giving liberty to the applicant to appear before the Officers of NCB for enquiry within one month and protection was also given. The order dated 19.4.2023, is passed by this Court in Application u/s 482 Cr.P.C. No.3758 of 2023 is as under : "Heard learned counsel for the applicant and Sri Akhilesh Kumar Awasthi, learned counsel for the NCB. This application under Section 482 Cr.P.C. has been filed to quash the impugned order of proclamation under Section 82 Cr.P.C. dated 16.2.2023 passed by the learned Additional District Judge, Court No. 11, Lucknow in criminal complaint case no. 3478 of 2019 ( Union of India Vs. Mohd. Islam) in pursuant to N.C.B. Case No. 22 of 2019 under Section 8/21/27A/29/60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short " the N.D.P.S. Act") registered at N.C. B. Zonal Unit, Lucknow and entire proceedings of N.C.B. Case No. 22 of 2019. Learned counsel for the applicant submitted that incriminating article has not bee recovered from the possession of the applicant, who is brother-in-law (Bahnoi) of the main accused Mohd. Islam. Only recovery of 5.5 Kgs morphine has been shown from the possession of the main accused- Mohd. Islam near Samta Mulak Chauraha, Lucknow on 30.5.2019 at 14:30. Initially, the applicant has not been roped in the present case, in fact, name of the applicant came into the light in the confessional statement of the Mohd. Islam, which has been recorded by the NCB officials under 5 A482 No. 9255 of 2025 Section 67 of the N.D.P.S. Act in which he stated that the seized morphine was kept at the residence of his brother-in-law (the applicant). On the basis of the statement of the confessional statement of the Mohd. Islam, notice for enquiry has been issued against the applicant. As the applicant failed to observe the said notice under Section 67 N.D.P.S. Act, therefore, coercive process has been issued against the applicant and thereafter, process under Section 82 Cr.P.C. has also been issued against the applicant by sessions court. He further submitted that if the coercive action is kept in abeyance then he shall be ready to cooperate with the NCB in the enquiry and investigation. Learned counsel for the NCB submitted that the applicant is not cooperating in the investigation and also in the enquiry conducted against him under Section 67 of the N.D.P.S. Act. If the applicant is ready to cooperate in the investigation then some time may be given to the applicant for appearance before the NCB. The provision of Section 67 of the N.D.P.S. Act is read as under :- Section 67 in The Narcotic Drugs and Psychotropic Substances Act, 1985

67. Power to call for information, etc.?Any officer referred to in section 42 who is authorised in this behalf by the Central Government or a State Government may, during the course of any enquiry in connection with the contravention of any provisions of this Act,? (a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder; (b) require any person to produce or deliver any document or thing useful or relevant to the enquiry; (c) examine any person acquainted with the facts and circumstances of the case. In view of the aforesaid facts and circumstances, one month's time is give to the applicant to appear before the NCB for enquiry, which has been initiated against him.. It is also directed that if any credible evidence is collected or given by the applicant, then proceedings may be follow against the applicant in accordance with law. For the period of one month from today, no coercive action shall be taken against the applicant. With the aforesaid observations/direction, the present application under Section 482 Cr.P.C. is disposed of."

11. Learned counsel for the applicant also submitted that in pursuance of the direction of this Court (supra), applicant visited the NCB office several times as stated in Para 21 of the petition but his statement was not recorded and 6 A482 No. 9255 of 2025 thereafter, under compulsion, the present petition has been filed and now the statement of the applicant has already been recorded on 17.11.2025. As the non-bailable warrant was issued on the request of Officers of NCB on the averment that he was not appearing for recording his statement under Section 67. Now the statement has already been recorded, therefore, this Court is of the view that the order dated 16.2.2023 is liable to be set aside.

12. Accordingly, the present application is allowed. The order dated 16.02.2023 passed by the Special Judge, NDPS Act, is set aside and is hereby, quashed.

13. It is expected that the applicant will cooperate in the enquiry. It is open to the Officer to act in accordance with law.

14. The presence of the Officer is hereby, dispensed with.

15. Record provided by office be returned to him in presence of counsel for N.C.B. November 24, 2025 Pks (Rajeev Singh,J.) POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench