Ramesh Sinha,J. - (1.) Writ Petition (Misc. Bench) No.11190 of 2021 has been filed by the petitioner, Hemant Kumar Saini, one of the partners of the Firm M/s Preksha Trading Company, with the following main reliefs :- (i) Issue a writ, order or direction in the nature of Certiorari for quashment of the notice/summon issued under section 67 of Narcotic Drugs & Psychotropic Substances Act, 1985 dated 13.05.2021 by the Narcotics Control Bureau Lucknow relating crime no.16/2021 registered at Police Station - Kotwali District - Varanasi on 05.04.2021 under section 8/21/29 of N.D.P.S. Act and similarly subsequent summon if any issued by investigating officer/opposite party no.3 contained as Annexure No.1 alongwith the present Writ Petition. (ii) Issue a writ order or direction in the nature of Mandamus Commanding and directing the opposite parties particularly opposite party no.2 to 4 not to arrest and harass the petitioner in pursuance of the impugned notice/summon issued under section 67 of NDPS Act dated 13.05.2021 by the N.C.B. Lucknow relating crime no.16/2021 registered at Police Station - Kotwali, District - Varanasi on 05.04.2021 under section 8/21/29 of N.D.P.S. Act during the pendency of the present writ petition, in the interest of justice."
(2.) After amendment in the prayer clause (Crl. Misc. Application No.76529/2021), following prayer has been added by learned counsel for the petitioner :- "(v) It is also prayed that this Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari for quashing of FIR as recorded under section 42 of NDPS Act and entire investigation which is being carried in pursuance thereof conducted by the investigating officer of the department of Narcotics Control Bureau, Lucknow, in the interest of Justice."
(3.) Almost on the same grounds, another Writ Petition (Misc. Bench) No.11396 of 2021 has been filed by petitioner Yogita Nand Yadav, the another partner of the Firm M/s Preksha Trading Company, with the following main reliefs :- (i) Issue a writ, order or direction in the nature of Certiorari to quash the investigation of NCB case crime no.16/2021 under section 8/21/29 of NDPS Act registered on 03.04.2021 in the office of Narcotics Control Bureau, Lucknow under section 42 of NDPS Act through Form NCB-1 and notice/summons issued under section 67 of Narcotics Drugs & Psychotropic Substances Act, 1985 dated 13.05.2021 by the Narcotics Control Bureau, Lucknow and subsequent recovery effected on 05.04.2021 at Varanasi and similarly subsequent summon if any issued by investigating officer/opposite party no.3 so far as against the petitioner is concern contained as Annexure No.1 along with the present Writ Petition. (ii) It is further prayed that the petitioner is ready to appear again before investigating officer as already appeared on 12.04.2021 and this Hon'ble Court may kindly be pleased to direct the investigating officer to not arrest the petitioner after recording his statement if any and the investigating officer first consider about the question of jurisdiction for making search, seizure and investigation in the interest of justice. (iii) Issue a writ order or direction in the nature of Mandamus Commanding and directing the opposite parties particularly opposite party no.2 to 4 not to arrest and harass the petitioner in pursuance of the impugned notice/summon issued under section 67 of NDPS Act dated 13.05.2021 by the N.C.B. Lucknow relating crime no.16/2021 registered at Police Station - Kotwali, District - Varanasi on 05.04.2021 under section 8/21/29 of N.D.P.S. Act during the pendency of the present writ petition, in the interest of justice. ;