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2021 Supreme(All) 444

RAMESH SINHA, NARENDRA KUMAR JOHARI
Hemant Kumar Saini – Appellant
Versus
U. O. I. Thru. Ministry Of Home Affairs/Internal Security – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ayodhya Prasad Mishra, Rituraj Mishra
For the Respondent: Akhilesh Awasthi

JUDGMENT :

(The judgment is pronounced in terms of Chapter VII Sub-rule (2) of Rule (1) of the Allahabad High Court Rules, 1952 by Hon’ble 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 not

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