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2005 Supreme(All) 1147

POONAM SRIVASTAVA
AMAR NATH GUPTA – Appellant
Versus
STATE OF U P – Respondent


Advocates:
DILIP KUMAR, RAJIV GUPTA,

POONAM SRIVASTAVA, J.

Heard Learned Counsel for the applicants and learned A. G. A. for the State.

2. This application under Section 482 Cr. P. C. has been filed for quashing the entire proceeding in Special Criminal Case No. 32 of 1998, State v. Raj Bir and Amar Nath Gupta, pending in the Court of Special Judge, N. D. P. S. Act, Etawah. The applicants are accused in the case registered at Case Crime No. 176 of 1992 under Section 8/20 N. D. P. S. Act, Police Station Jaswant Nagar, Etawah. The First Information Report was registered on 20-6-1992 at 22. 40 hours and the occurrence is alleged to have taken place on 20-6-1992 at 21. 30 hours. The recovery shown from possession of the applicants if of "bhang. After completion of the investigation, police submitted Final Report No. 7 of 1993 but the learned Magistrate refused to accept the final report and took cognizance, non- bailable warrants were issued against the applicants vide order dated 14-5-1998, which is also under challenge. The applicants have submitted that after the First Information Report was lodged, the Sub-Inspector proceeded with the investigation after converting the case under Section 60 Excise Act. Subsequently, o











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