Dismissed

Kuldeep Tripathi Alias Lovely v. Union of India and Another

Allahabad HC19 Feb 2021CRLP/1250/2021

Case brief

AI extract

What is this about?

Court dismissed a writ petition seeking to quash a search memo and direct non-arrest in an NCB narcotics case. The court found that recovery of ganja from the petitioner's tanker station and presence in the vicinity prima facie disclosed a cognizable offence, negating grounds for quashing.

What did the court decide?

Writ petition praying for quashing of search memo and direction not to arrest was dismissed.

Kuldeep Tripathi Alias Lovely Vs Union of India and Another — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1250 of 2021

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Petitioner :- Kuldeep Tripathi Alias Lovely Respondent :- Union Of India And Another Counsel for Petitioner :- Istiyaq Ali,Ali Hasan Counsel for Respondent :- Ashish Pandey

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.

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Heard learned counsel for the petitioner and Sri Ashish Pandey, learned ocunsel for the respondents. This writ petition has been filed praying for the following reliefs:

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" i. Issue a writ, order or direction in the nature of certiorari quashing the search-cum-recovery memo dated 11.11.2020 against the petitioner in N.C.B. Crime No.33 of 2020, under Section 8/20/29 N.D.P.S. Act, Police Station Hussainganj District Fatehpur (contained as Annexure No.1 to the writ petition).

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ii. Issue a writ, order or direction in the nature of mandamus directing respondents not to arrest the petitioner in N.C.B. Crime No.33 of 2020, under Section 8/20/29 N.D.P.S. Act, Police Station Hussainganj District Fatehpur on the basis of recovery memo dated 11.11.2020 (contained as Annexure No.1 to the writ petition) prepared by the respondent no.2 during the pendency of the writ petition."

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As per impugned recovery memo, on information received that the petitioner and two others are involved in smuggling of Ganja, a search was conducted on 11.11.2020 in which two persons namely Ravi Prakash Pandey and Dashrath Verma were arrested on spot and huge quantity of Ganja was recovered from a blue coloured Tanker in front of the house of the petitioner. The enquiry revealed that at the time of search and seizure the petitioner had gone to deliver some quantity of Ganja to someone from Bollero vehicle. The total recovered Ganja was 557 kgs.

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Learned counsel for the petitioner submits that the petitioner has been implicated merely on the basis of the statement of the co-accused and therefore, the impugned seizure memo deserves to be quashed.

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We do not find any substance in the submission the learned counsel for the petitioner. The information on the basis of which search was conducted, included the name of the petitioner although at the time of search the petitioner was not available on the spot. Huge quantity of Ganja was recovered from inside the Tanker standing in the campus/adjoining the campus of the house of the petitioner. Prima facie, commission of a cognizable offence is disclosed against the petitioner. Under the circumstances, we do not find any good reason to interfere with the impugned search memo.

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In view of the aforesaid, the writ petition is dismissed.

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Order Date :- 19.2.2021 SP

Kuldeep Tripathi Alias Lovely v. Union of India and Another

Case brief

What is this about?

What did the court decide?

Kuldeep Tripathi Alias Lovely v. Union of India and Another

Case brief

What is this about?

What did the court decide?

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