- (1.) Heard Sri Rajesh Pandey, learned counsel for the petitioner, Sri Pawan Shukla, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
(2.) The relief sought in this petition is for quashing of the F.I.R. dated 11.3.2018 registered as Case Crime No.185 of 2018, under Section 8/15 of N.D.P.S. Act, Police Station Civil Lines, District Budaun.
(3.) Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.He further submits that identically situated co-accused, namely, Netrapal Singh has earlier challenged the impugned FIR by means of filing Crl.Misc. Writ Petition No.6811 of 2018 in which his arrest has already been stayed by Coordinate Bench of this Court vide order dated 20.3.2018, copy of which has been produced and the same is taken on record, hence, petitioner is also entitled for the same relief. He next argued that the contraband article which was recovered was for decorative purpose as per the proviso to Section 8 of the NDPS Act. No offence is made out against the petitioner, hence, the FIR be quashed.;