Rajuray S/O Shri Amalray, Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

Rajuray S/O Shri Amalray, Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with the direction that the petitioner may file a representation before the concerned Investigating Officer, who shall consider it and take appropriate decision strictly in accordance with law; pending applications, if any, stand disposed of.

Issue for consideration

Whether the petition under Section 528 BNSS seeking quashing of FIR No. 79/2025 (offence under Section 8/20 NDPS Act) should be entertained, the petitioner contending that initiation of proceedings stems from flawed statements made by the co-accused which incorrectly implicated certain material as contraband.

Court's answer

The controversy/dispute raised in the petition is a matter of investigation; the Court is therefore not inclined to interfere with the present petition.

Ratio / Principle

The petitioner is at liberty to file a representation before the concerned Investigating Officer, and the concerned Officer is directed to consider the same and take appropriate decision, strictly in accordance with law.

Detailed headnote1 paragraphs

S.B. Criminal Miscellaneous (Petition) No. 2923/2025, decided 16/05/2025 by Justice Sameer Jain, High Court of Judicature for Rajasthan, Jaipur Bench. Petition under Section 528 BNSS seeking quashing of FIR No. 79/2025 registered at Police Station Shiprapath, Jaipur City (South), for the offence under Section 8/20 of NDPS Act. Petitioner contended that initiation of proceedings stemmed from flawed statements made by the co-accused, which incorrectly implicated certain material as contraband. The Court held that the controversy/dispute was a matter of investigation and was not inclined to interfere with the petition. However, the petitioner was given liberty to file a representation before the concerned Investigating Officer, and the concerned Officer was directed to consider the same and take appropriate decision, strictly in accordance with law. The petition was disposed of with this direction, and pending applications, if any, stood disposed of.

[2025:RJ-JP:20823]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 2923/2025

Rajuray S/o Shri Amalray, Aged About 40 Years, R/o Gayatri Nagar, V.T. Road Ke Aage, Opposite To Nala, Jaipur Permanent Resident Of Kooch Bihar, West Bengal

----Petitioner

Versus

State Of Rajasthan, Through Special Public Prosecutor. 2. S.H.O. Police Station Shipra Path, Jaipur City (South) 3. Commissioner Of Police, Jaipur Metropolitan, Police Commissionrate, M.I. Road, Jaipur

----Respondents

For Petitioner(s)	: Mr. Parth Sharma for Mr. Sudhir Jain
For Respondent(s)	: Mr. M. S. Shekhawat, PP with
	Mr. Rishi RajSingh Rathore,PP

HON'BLE MR. JUSTICE SAMEER JAIN

Order

16/05/2025

The present petition has been filed under Section 528 BNSS seeking quashing of the FIR No. 79/2025 registered at Police Station Shiprapath Jaipur City (South) for the offence under Section 8/20 of NDPS Act.

Learned counsel for the petitioner has submitted that initiation of proceedings stems from the flawed statements made by the co-accused, which incorrectly implicated certain material as contraband.

Considering the foregoing facts and circumstances of the case, it is noted that controversy/dispute herein is a matter of investigation. Therefore, this Court is not inclined to interfere with

[2025:RJ-JP:20823]

[CRLMP-2923/2025]

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the present petition. However, petitioner is at liberty to file a representation before the concerned Investigating Officer and concerned Officer is directed to consider the same and take appropriate decision, strictly in accordance with law.

Accordingly, present petition is disposed of with the aforementioned direction. Pending applications, if any, stand disposed of.

(SAMEER JAIN),J

Pooja /78