Farhana Alias Farana vs State of U.P. and 3 Others — Narcotics (NDPS) | Allahabad HC (2025)

Farhana Alias Farana vs State of U.P. and 3 Others — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection from arrest: till the next date of listing the petitioner shall not be arrested pursuant to the impugned FIR, provided she cooperates with the investigation; respondents accorded four weeks to file counter affidavit and one week thereafter for rejoinder affidavit; matter to be listed thereafter; quashing of FIR deferred.

Issue for consideration

Whether the FIR dated 18.04.2025 (Case Crime No.126 of 2025, Section 8/21 NDPS Act, P.S. Gangoh, Distt. Saharanpur) should be quashed. +2 more

Court's answer

Substantive decision on quashing the FIR deferred: the court stated the matter 'requires consideration'.

Ratio / Principle

Till the next date of listing the petitioner shall not be arrested pursuant to the impugned FIR, provided she cooperates with the investigation.

Detailed headnote1 paragraphs

Interim order, High Court of Judicature at Allahabad (Mahesh Chandra Tripathi and Anil Kumar-X, JJ.), Order Date 6.5.2025 — Criminal Misc. Writ Petition No. 8923 of 2025 (Farhana alias Farana v. State of U.P. and 3 Others). Petition sought quashing of FIR dated 18.04.2025, Case Crime No.126 of 2025, under Section 8/21 NDPS Act, P.S. Gangoh, Distt. Saharanpur, and a direction not to arrest the petitioner pursuant to the impugned FIR. Counsel contended the FIR was lodged on false allegations, that there was no independent/public witness to the alleged incident and recovery, that Section 50 NDPS Act safeguards were not strictly complied with, and that implication rested merely on a co-accused's confessional statement of no evidentiary value, placing reliance on Tofan Singh v. State of Tamil Nadu, AIR 2020 SC 5592. The Court observed the matter 'requires consideration', accorded respondents four weeks to file counter affidavit and one week thereafter for rejoinder affidavit, and directed that till the next date of listing the petitioner shall not be arrested pursuant to the impugned FIR, provided she cooperates with the investigation.

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 8923 of 2025

Petitioner :- Farhana Alias Farana Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankit Srivastava,Ch. Dil Nisar Counsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.

Heard learned counsel for the petitioner and learned AGA for State respondents.

The instant writ petition has been preferred for quashing the FIR dated 18.04.2025 being Case Crime No.126 of 2025 under Section 8/21 NDPS Act, P.S. Gangoh, Distt. Saharanpur and for a direction to respondents not to arrest the petitioner pursuant to impugned FIR.

It is contended that the impugned FIR has been lodged totally on false allegations just to harass the petitioner. The petitioner has no concern with the instant matter. There is no independent/ public witness to support the alleged incident as well as alleged recovery. The police personnel have not strictly complied with the provisions of Section 50 of NDPS Act. It is contended that the petitioner was falsely implicated merely on the basis of confessional statement of co-accused, which has no evidentiary value in the eyes of law. Learned counsel for the petitioner, in support of his submissions, has placed reliance on the judgment in Tofan Singh v. State of Tamil Nadu, AIR 2020 SC 5592, wherein it is held that confessional statement made to the police cannot be taken into account in order to convict accused under the NDPS Act. It is contended that the petitioner is innocent and in case no reprieve is accorded, the petitioner would suffer irreparable loss and injury.

The matter requires consideration.

The respondents are accorded four weeks' time to file counter affidavit. One week, thereafter, is accorded to file rejoinder affidavit. List thereafter.

Till the next date of listing, the petitioner shall not be arrested pursuant to impugned FIR, provided she cooperates with the investigation in question.

Order Date :- 6.5.2025 SP/

(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)

Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad