SHARUKH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Habeas Corpus Writ Petition has been filed by the petitioner seeking a writ of habeas corpus, directing the Senior Superintendent of Police, Haridwar, respondent No. 2, and the Station House Officer, Police Station-Kotwali Roorkee, DistrictHaridwar, respondent No. 3, to produce the corpus of Sahrukh, the petitioner, who has been illegally detained by the respondent Nos. 2 and 3, in Case Crime No. 787 of 2019, registered with Police Station-Kotwali Roorkee, District Haridwar, for the offences under Sections 8,22, 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act, 1985").

(2.) Brief facts of the present case are that on 15.12.2019, at about 20:40 hours, one thousand illegal Buprenorphine injections, a commercial quantity, were recovered from the personal search of the petitioner, conducted in the presence of the Circle Officer of Police, a Gazetted Officer. The petitioner was arrested. After completion of investigation, a charge-sheet was filed against him.

(3.) Heard Mr. Vinod Sharma, the learned counsel for the petitioner, and Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand.