Azam Khan vs State of U.P. and Another — Narcotics (NDPS) | Allahabad HC (2025)

Azam Khan vs State of U.P. and Another — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing prayer refused; however, with directions: (i) if the applicant files a discharge application before the Court below within one month, it shall be considered and disposed of expeditiously, preferably within two months thereafter; (ii) no coercive action against the applicant for three months or until disposal of the discharge application, whichever is earlier; and (iii) the order stands automatically vacated if no such application is filed within one month.

Issue for consideration

Whether the entire proceedings of S.S.T. No. 866 of 2025 arising from Case Crime No. 1137 of 2024 under Section 8/20 NDPS Act, together with the chargesheet dated 23.05.2025 and the Cognizance and Summoning Order dated 29.05.2025, should be quashed on the contention that no offence against the applicant is disclosed and the prosecution was instituted with a mala fide intention for the purpose of harassment.

Court's answer

The disputed defence of the accused cannot be considered at the stage of a quashing application; the applicant instead has a right of discharge under Section 262(2) or 250(2)/251 BNSS through a proper discharge application before the Trial Court, where he is free to take all his submissions.

Ratio / Principle

The prayer for quashing the proceedings of the aforementioned case (together with the chargesheet and cognizance/summoning order) is refused.

Key takeaways

If the applicant moves an appropriate discharge application before the concerned Court below within one month from the date of this order, it shall be considered and disposed of expeditiously in accordance with law, preferably within two months thereafter.ratio¶6
Interim protection: for three months from the date of the order, or until disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.ratio¶7
If no discharge application is filed within the prescribed period of one month, the present order (including the interim protection) shall stand automatically vacated.

Detailed headnote1 paragraphs

Application under S. 528 BNSS (No. 42721 of 2025) by Azam Khan seeking quashing of the entire proceedings of S.S.T. No. 866 of 2025 (State v. Jamshed and Others), arising out of Case Crime No. 1137 of 2024 under Ss. 8/20 NDPS Act, P.S. Highway, District Mathura, pending before the Special Judge (NDPS Act)/Addl. Sessions Judge, Court No. 7, Mathura, together with the chargesheet dated 23.05.2025 and the Cognizance and Summoning Order dated 29.05.2025. Held (Vivek Kumar Singh, J., 02.12.2025): the disputed defence of the accused cannot be considered at the quashing stage; the applicant's remedy is a discharge application under S. 262(2) or 250(2)/251 BNSS before the Trial Court. Quashing refused. Directions: discharge application, if moved within one month, to be considered and disposed of expeditiously (preferably within two months); no coercive action for three months or till disposal of the discharge application, whichever is earlier; the protective order stands automatically vacated if no such application is filed within one month. Application finally disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 42721 of 2025

Azam Khan

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Ankit Srivastava, Ch. Dil Nisar
Counsel for Opposite Party(s)	: G.A.

Court No. - 3

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present application under Section 528 of B.N.S.S., has been filed for quashing the entire proceedings of S.S.T. No. 866 of 2025 (State vs. Jamshed and Others), arising out of Case Crime No.1137 of 2024, under Section 8/20 N.D.P.S. Act, Police Station Highway, District Mathura, pending in the Court of Special Judge (NDPS Act)/Additional sessions Judge, Court no.7, Mathura as well as chargesheet dated 23.05.2025 as well Cognizance and Summoning Order dated 29.05.2025 passed by Special Judge, (NDPS Act)/Additional Sessions Judge, Court no.7, Mathura.

The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 262(2) or 250(2)/251 of B.N.S.S. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

The prayer for quashing the proceedings of the aforementioned case is refused.

NA528 No. 42721 of 2025

2

However, it is provided that in case, the applicant moves an appropriate application for discharge before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of two months, thereafter.

For a period of three months from today or till the disposal of the discharge application whichever, is earlier, no coercive action shall be taken against the applicant in the aforesaid case.

In case no such application is filed within a period of one month from today, as prescribed above, the present order shall stand automatically vacated.

With the aforesaid directions, this application is finally disposed of .

(Vivek Kumar Singh,J.)

December 2, 2025 Nitendra

Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad