AJAY KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Heard.

(2.) 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.

(3.) 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.