Court No. - 18 Case :- U/S 482/378/407 No. - 3071 of 2010 Petitioner :- Satya Prakash Pathak @ Thakur Prasad @ Katta Singh Respondent :- Union Of India Thru Joint Director, N.C.B. Lucknow & Another Petitioner Counsel :- Anil Kumar Pandey Respondent Counsel :- Ajay Agarwal Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant and Shri Ajay Agrawal
who has accepted notice on behalf of opposite parties no.1 and 2.
He prays for and is allowed two weeks’ time to file counter
affidavit. Rejoinder affidavit, if any, may be filed within two
weeks thereafter.
List immediately thereafter.
The submission of the applicant’s counsel is that as per allegations
of complaint case one Devendra Singh was apprehended on
16.1.2010 and 525 grams contraband substance (Heroin) was
recovered from his possession. In his statement recorded under
section 67 of the N.D.P.S. Act, he disclosed that the recovered
substance was given to him by the applicant for delivery to one
Nasiruddin. Pursuant to that disclosure a notice under section 67
N.D.P.S. Act was issued to the applicant but despite service of
notice he did not appear before the officer concerned of the
Narcotics Control Bureau for getting his statement recorded. It
has been pointed out that merely on the basis of the allegation that
the applicant did not comply with the notice of section 67
N.D.P.S. Act, a complaint has been filed against the applicant and
the concerned Court has taken cognizance of the offences of
section 8/21/27A/29 of N.D.P.S. Act which are not made out
prima facie against the petitioner.
Considering the above circumstances, till the next date of listing,
the proceedings of the concerned complaint case (S.S.T. No.
621/2010 (Union of India vs. Devendra Singh and others) pending
in the Court of Additional Sessions Judge, F.T.C. No. 31,
Barabanki, so far as it relates to the applicant shall remain stayed.
Order Date :- 5.8.2010
Muk