Durgesh Kumar Jaisawal Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:90793

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 41552 of 2024

Applicant :- Durgesh Kumar Jaisawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sujan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the parties.

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Present application has been preferred seeking quashing of entire proceeding arising out from summoning order dated 07.10.2021 passed by learned A.S.J/F.T.C.-II, Sant Kabir Nagar in Case no. 1031/2021 (S.T. No. 703/2021) (State vs. Durgesh Kumar Jaiswal) relates to charge sheet no. 250/2021 dated 20.9.2020 of (Case Crime no. 283/2020) registered at PS- Mahuli, District Sant Kabir Nagar under Section 8/20 NDPS Act, presently pending before learned A.S.J./F.T.C-II, Sant Kabir Nagar. Further prayer has been made to stay the proceeding against the applicant during pendency of instant petition in relation of Case No. 1031/2021.

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Learned counsel for applicant submitted that opposite party no. 2 who is Inspector of Special Operation Group (S.O.G.) has lodged FIR at Police Station Mahuli, District Sant Kabir Nagar against applicant alleging therein that while he was on patrolling duty, he caught applicant having possession of illegal contraband Ganja weighing about 2 kg 100 grams. After conclusion of investigation, charge-sheet has been submitted against the applicant whereupon cognizance has been taken up by learned court concerned vide order dated 07.10.2021.

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It is contended by learned counsel for applicant that without seeking Forensic Science Laboratory report which would ascertain the fact that recovered/confiscated substance is psychotropic substance, impugned charge-sheet dated 20.09.2020 has been preferred against the applicant whereupon surprisingly cognizance has been taken up vide order dated 07.10.2021 and thereafter vide order dated 24.05.2023 charge have also been framed against the applicant. Till date, no FSL report has been obtained and as such entire proceeding arising out of summoning order dated 07.10.2021 is liable to be quashed.

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Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the fact that till date no FSL report has been obtained in the present case.

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After hearing the rival submissions extended by learned counsel for the parties and perusing the records, this Court finds that without seeking FSL report, determination cannot be drawn that substance whatsoever has been confiscated/recovered from possession of applicant is a psychotropic substance and in present case it is crystal clear that no FSL report has been obtained till date and as such taking cognizance against the applicant in pursuance to Section 8/20 NDPS Act is not sustainable in the eye of law.

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In view of aforementioned facts and circumstances, cognizance order dated 07.10.2021 as well as consequent proceeding thereof is hereby quashed and set aside. The application u/s 528 BNSS stands allowed accordingly.

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Order Date :- 26.5.2025 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Durgesh Kumar Jaisawal v. State of U.P. and Another

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