SONU KUMAR GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) By moving this application under Sec. 482 Cr.P.C. the applicants seek to invoke the inherent jurisdiction of this court to quash the order dtd. 24/3/2022 in criminal misc. case no. 44 of 2022, State Vs.Pawan Kumar and others, arising out of case crime no. 91 of 2021 under Sec. 8/21 NDPS Act, police station Ghoorpur District Allahabad. A further prayer is made to release three wheeler vehicle no. UP-65-TD-9967 in favour of the applicant relating to the above mentioned case. Heard learned counsel for the applicant, learned A.G.A. and perused the record.

(2.) Learned counsel for the applicant submits that the FIR was lodged against six named accused persons under Sec. 8/21 NDPS Act on 11/3/2021 with the allegation that in three wheeler vehicle no. U.P.-65-TD-9967 four accused persons Pawan, Kuldeep Kumar, Mohd. Nasir and Sonu @ Mohd. Hasim were apprehended by the police with 49 boxes, total 5807 bottles of onerex cc cough syrup, without any bill and voucher, being transported from New Vridhi Farma Saptnagar Madagin, Varanasi to M/s Shyam medical store Gauhaniya Riva Road Jasra Prayagraj.

(3.) It is argued that each bottle contained 10 ml. codine phosphate. The total codine phosphate quantity could be said to be 580.7 g. which is much less than the commercial quantity of 1 kg. The applicant was neither apprehended by the police on the spot in possession of any material relating to NDPS Act, nor the material was being supplied by him or it was for him. He is just the owner of the three wheeler no. U.P.-65-TD-9967 with all valid documents. He has been falsely implicated in the present case. He is an innocent, law abiding and peace loving person, having no criminal history. The applicant moved his release application before the trial court, which was dismissed vide order dtd. 24/3/2022.