The court refused a prayer to quash impugned orders in a Drugs and Cosmetics Act case, directing the applicant to surrender within 30 days for bail consideration and avoiding coercive action if he complies.
Refused quashing; granted 30-day caution from coercive action if applicant surrenders for bail.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 18632 of 2020
Applicant :- Raj Pal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, Sri Devesh Nath Tiwari learned A.G.A for the State/opposite party no.1 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned orders dated 12.6.2012 and 26.7.2016 passed in Complaint Case No.03 of 2012 (State vs. Raj Pal Singh) under Section 18/27 of the Drugs and Cosmetics Act, 1940, P.S. Atrauli, District Aligarh.
At the very out-set learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers made in this application. He is ready to submit to the jurisdiction of the court, seeks bail and accepts all the conditions which this Court may deem fit to impose upon him. The only prayer made by learned counsel for the applicant is for expeditious disposal of his bail application.
Considering the submission of learned counsel for the applicant, the prayer, so far it relates to seeking quashing of the impugned orders passed in complaint case, stands refused.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously in view of the settled law laid down by the Hon'ble Supreme Court.
For a period of 30 days from today, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that no application seeking extension of time shall be entertained if this order is not complied with within the aforesaid period.
With the aforesaid observations and directions, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 6.1.2021 S.S.
1 issue framed by the court
Whether an application for quashing orders be considered in view of the applicant's readiness to surrender and seek bail.
2 provisions across 2 enactments
Raj Pal Singh
State of U.P.
Another
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
