Ajay Chauhan v. Union of India and Another
Case brief
What is this about?
Quashing application under Section 482 rejected by Allahabad High Court; summoning order dated 3.4.2021 by Additional Sessions Judge, Court No. 13, Varanasi in Sessions Case no. 504 of 2021 (Union of India through N.C.B. vs Sonu Chauhan and others) under Sections 8, 21, 27A/29 N.D.P.S. Act, P.S. Cantt, Varanasi not quashed; applicant Ajay Chauhan not apprehended from spot, name disclosed by apprehended persons as Vijay and Ajay Kumar; statement under Section 67 N.D.P.S. Act not recorded owing to non-appearance despite three notices; non-cooperation in investigation; alleged criminal history and supplier of narcotics; court not obliged to inquire into facts at quashing stage.
What did the court decide?
The applicant did not appear before the authority concerned when his name came into light during investigation, so his statement could not be recorded; as he is neither assisting in the investigation nor has clarified his criminal history, and this court is not under obligation to inquire into the facts of the case, no case is made out for quashing the summoning order dated 3.4.2021 or quashing the proceedings.