HAMJA Vs. UNION OF INDIA

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed by the applicant assailing the order dated 05.06.2015 passed by Session Judge, Lucknow in Criminal Case No.0000/194/2015, under Section 8/21 of Narcotics Drugs and Psychotropic Substances Act, 1985 ("N.D.P.S. Act", in short) by which the learned court has taken cognizance on the complaint filed on 05.06.2015 by the opposite party No.2. The prayer for quashing of the complaint has also been made by the applicant.

(2.) I have heard Shri A.P. Mishra, learned counsel for the applicant and Shri I.B. Singh, learned Senior Advocate assisted by Shri Sujeet Kumar Singh, learned counsel for the opposite parties.

(3.) The facts in brief are that a complaint dated 05.06.2015 was filed by the opposite party No.2 against the applicant upon which the learned court on that very date took cognizance and passed order issuing summon to the applicant. According to the allegations made in the complaint, it is alleged that after obtaining order under Section 53 of the N.D.P.S. Act, from the office, the opposite party No.2 was appointed as Investigating Officer and he took record from Sub-Inspector Shitla Prasad for investigation. On 13.12.2014, Sub-Inspector Shitla Prasad received information regarding transportation of contraband heroin by one Nasrin Bano. Acting on the said information, Sub-Inspector Shitla Prasad proceeded along with police officials and went to Kaiserbagh Bus Stand at 3.15 PM where one woman having one bag in her right hand was seen. The suspected lady was stopped and on being asked, she stated that her name was Nasrin Bano. It is alleged that 750 grams of contraband heroin was found from the bag, she was carrying. She was immediately taken into custody and was sent to jail on 14.12.2014. When Nasrin Bano was interrogated, she in her statement dated 13.12.2014 stated that she used to purchase the narcotic substance from Sakir, Raju and his partner Khalid @ Mantri. She further stated that there was organized gang of which Sakir, Raju, Khalid and Hamja were the members. The matter was investigated and a charge-sheet was submitted on 05.06.2015 before the court having jurisdiction at Lucknow. The court also took cognizance and issued summons for appearance to the applicant against which the present application has been filed.