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2025 Supreme(All) 3639

HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, ACHAL SACHDEV, JJ.
Birendra Lal Verma & Ors. - Petitioners
Versus
State of U.P. & Ors. - Respondents
Criminal Misc. Writ Petition No. - 27966, 26006, 27128, 27700, 27806, 27953, 27968, 27985 of 2025
Decided On : 19-12-2025

Advocates:
Advocate Appeared:
For the Petitioner:Naman Agarwal, Sr. Advocate, Vivek Chaturvedi
For the Respondent: GA

The court ruled FIRs valid under narcotics laws due to evidence of drug trade violations, establishing sufficient grounds for investigation under multiple legal acts.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8 and 21 - Bharatiya Nyaya Sanhita, 2023 - Sections 318(4) and 319(2) - Various FIRs challenged due to allegations related to smuggling and illegal trade of cough syrup containing codeine - Claim that cough syrup is not a manufactured drug under NDPS Act and that FIRs are baseless due to the circumstances surrounding their registration. (Paras 1-3, 10, 43, 44)

(B) Validity of FIRs - The court held that FIRs were properly lodged under narcotic and drug laws due to evidence of illegal trade and the involvement of fictitious entities in the distribution of controlled substances. The court emphasized that various legal provisions allow for the prosecution under both the NDPS Act and other relevant laws. (Paras 16-19, 35-46)

(C) Investigation - The court noted the discrepancies and fabrication in documentation provided by the accused, highlighting significant procedural violations and the elaborate nature of the illicit trade discovered. (Paras 13, 45)

Findings of Court:
The court found sufficient ground to uphold the FIRs and allow proceedings to continue, noting the severity of illegal drug trade operations. (Paras 42-48)

Issues: The court addressed whether FIRs had a basis against the accused under NDPS and related acts, and whether the cough syrup could be classified outside controlled substances concerning the NDPS Act. (Paras 32, 46)

Ratio Decidendi: The court ruled that the narcotics law applies as the substances were dealt with unlawfully, despite claims to the contrary; compliance with licensing and regulatory processes was fundamental. (Paras 22-32)

Result: Writ petitions dismissed.

JUDGMENT :

HON’BLE ACHAL SACHDEV, J.

1. Various First Information Reports from the districts of Sonbhadra; Sant Ravidas Nagar; Basti; Ghaziabad, Kanpur Nagar; Jaunpur and Varanasi were lodged and they have been challenged by means of various writ petitions.

2. Criminal Misc. Writ Petition No.29173 challenges the FIR registered in Sonbhadra on 18.10.2025 which had given rise to Case Crime No.1054 of 2025 under sections 21 & 8 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act") and sections 318(4) & 319(4) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as " BNS "). In the FIR there are 4 accused persons.

3. The FIR which was lodged in Ghaziabad on 4.11.2025 had given rise to Case Crime No.0691 of 2025 under sections 336(3), 319(2), 318(4), 3(5) of BNS and sections 8, 22, 29, 37 and 60 of NDPS Act. In the FIR there were 17 accused persons. This FIR has been challenged in Criminal Misc. Writ Petition No.28339 of 2025 by Pappan Yadav; in Criminal Misc. Writ Petition No.26006 of 2025 by Abhishek Sharma and in Criminal Misc. Writ Petition No.26679 of 2025 by Aasif Mohammad.

4. Thereafter FIR dated 12.11.2025 which was lodged in the district of Kanpur Nagar and which had given rise to Case Crime No.0087 of 2025 was lodged against one Vinod Agarwal and he had filed Criminal Misc. Writ Petition No.27128 of 2025. One more FIR was lodged in Kanpur Nagar in which the accused persons were Smt. Manju Sharma and Abhishek Sharma and this FIR had given rise to Case Crime No.0090 of 2025. Manju Sharma and Dr. Abhishek Sharma filed Criminal Misc. Writ Petition No.29116 of 2025 challenging the FIR vis-a-vis. them.

5. Another set of writ petitions was pertaining to the district of Jaunpur. The FIR dated 21.11.2025 which had given rise to Case Crime No.354 of 2025 was lodged against 14 accused persons. Against this FIR, Ankit Srivastava filed Criminal Misc. Writ Petition No.28628 of 2025; Mohd. Salman Ansari filed Criminal Misc. Writ Petition No.28377 of 2025; Anupriya Singh filed Criminal Misc. Writ Petition No.28393 of 2025; M/s. Milan Drug Centre through its proprietor Arun Prakash Maurya, M/s. Milan Medical Agency through its proprietor Om Prakash Maurya, M/s. Shi Medical Agency through its proprietor Ankul Kumar Maurya; M/s. Harsh Medical Agency through its proprietor Sanjeev Kumar Chaurasiya; M/s. Nigam Medical Agency through its proprietor Devek Kumar Nigam; M/s. S.N. Medical Agency through its proprietor Smt. Mehroon Nisha; M/s. Gupta Trading through its proprietor Saurabh Kumar filed Criminal Misc. Writ Petition No.28667 of 2025; Shubham Jaiswal filed Criminal Misc. Writ Petition No.28733 of 2025. In the same district i.e. Jaunpur another FIR dated 30.11.2025 was lodged against 4 persons which had given rise to Case Crime No.0357 of 2025. This FIR was challenged by Arun Sonkar (correct name Arjun Sonkar) in Criminal Misc. Writ Petition No.29247 of 2025.

6. Again, in district Varanasi FIR dated 15.11.2025 was lodged against 28 persons which had given rise to Case Crime No.235 of 2025. Against this FIR, Pratik Mishra, Mukesh Kumar Yadav, Rishabh Yadav, Vivek Kumar Khanna and Ankush Singh filed Criminal Misc. Writ Petition No.27700 of 2025; Vishal Kumar Jaiswal, Divesh Jaiswal, Adarsh Pandey, Niraj Kumar Singh and Vikas Singh filed Criminal Misc. Writ Petition No.27806 of 2025; Bhola Prasad filed Criminal Misc. Writ Petition No.27953 of 2025; Niraj Seth and Tushar Agarwal filed Criminal Misc. Writ Petition No.27968 of 2025; Shubham Jaiswal filed Criminal Misc. Writ Petition No.27985 of 2025 and Dharmendra Kumar Agarwal filed Criminal Misc. Writ Petition No.27505 of 2025. In the same district another FIR being FIR dated 19.11.2025 was lodged which had given rise to Case Crime No.0343 of 2025. This FIR was challenged by Shubham Jaiswal in Criminal Misc. Writ Petition No.29328 of 2025.

7. The FIR dated 28.11.2025 lodged in Sant Ravidas Nagar (Bhadohi) which had given rise to Case Crime No.187

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