In this criminal misc. writ petition, the petitioner Challenged a summons issued under Section 67 of the NDPS Act, 1985, seeking quashing and a stay on arrest. The court found no material to show the summons lacked legal authority or was issued in malafide.
Writ petition for quashing the summon and staying arrest is dismissed.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5737 of 2021
Petitioner :- Heera Thakur Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Kedar Nath Mishra Counsel for Respondent :- A.S.G.I.,Pranay Krishna
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.
This writ petition has been filed praying for the following reliefs:-
"(i) Issue a writ order or direction in the nature of certiorari quashing the summon dated 27.05.2021 issued by the respondent no.3 in the exercise of his power under section 67 of the Narcotic Drugs and Psychotropic Substances Act 1985 in connection with NCBF No. NCB/LZ4/III/INV/SEIZ/13/2021/402 (Annexure no.2) to the writ petition.
(ii) Issue a writ order or direction in the nature of mandamus commanding/directing the respondents not to arrest the petitioner in pursuance of the summon dated 27.05.2021 and restraining the respondents from proceeding any further in pursuance of the complaint and the summon dated 27.05.2021 issued by the respondent no.03 under section 67 of the Narcotic Drugs and Psychotropic Substances Act 1985 in connection with the aforesaid investigation/inquiry".
Petitioner has merely been summoned under Section 67 of Narcotic Drugs and Psychotropic Substances Act 1985 in the matter.
We do not find any good reason to interfere with the summoning order dated 27.05.2021. No, material has been brought on record to show that summon has been issued either without authority of law or it suffers from malafide.
In view of the aforesaid, writ petition is dismissed.
Order Date :- 29.7.2021 T.S.
2 issues framed by the court
Whether there is any legal ground to quash the summons issued under Section 67 of the NDPS Act, 1985.
Whether the summons issued under Section 67 of the NDPS Act, 1985 was issued without authority of law or in malafide.
1 provisions across 1 enactments
Heera Thakur
Union Of India
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
