- (1.) By means of this application under Section 482 Cr.P.C., the applicants have prayed for quashing of the complaint arising out of Criminal Case No.248/2015 in Case Crime No.1/2015, under Section 8/21-C/29 of Narcotics Drugs and Psychotropic Substances Act, 1985 ("N.D.P.S. Act", in short) and set aside the order dated 03.07.2015 passed by Session Judge, Lucknow, whereby the cognizance against the applicants has been taken.
(2.) I have heard Shri A.P. Mishra, learned counsel for the applicants and Shri I.B. Singh, learned Senior Advocate assisted by Shri Sujeet Kumar Singh, learned counsel for the opposite parties.
(3.) It has been contended by the learned counsel for the applicants that the Investigating Officer, who conducted the investigation of Crime No.1/2015, filed a complaint in the Court of Session Judge, Lucknow. The learned Session Judge on the very date of filing the complaint, passed an order dated 03.07.2015 taking cognizance of the offence. It was alleged in the complaint that on 05.01.2015, an information was received that one Gauri Shanker Gupta along with Ajjan and his real brother Ehtisham and Ishraq was about to come with contraband heroin from Lucknow side and would be going towards Gorakhpur. On the basis of the aforesaid information, the Narcotics Department constituted a team and at about 2.00 PM, Gauri Shanker Gupta was stopped near Matiyari crossing. The team after giving him an option to be searched before a Magistrate or Gazetted Officer, searched the carry bag which he was carrying. It is alleged that contraband heroin was recovered from his bag. Thereafter, police team along with Gauri Shanker Gupta came back to the office of Narcotics Department and completed further formalities. The Inspector, Narcotics Department took out two samples of 5 gms. each from the substance recovered from the possession of Gauri Shanker Gupta. When Gauri Shanker Gupta was interrogated, he named four other persons, namely Ajjan, Ehtisham, Ishraq and Abdul Hamid. On the basis of the information received from Gauri Shanker Gupta, the team went in search of those persons. Abdul Hamid was arrested on 04.02.2015 and he accepted his guilt.;