JUDGMENT :

By the instant petition, preferred under Section 482 of Cr.P.C., the applicant is challenging the order dated 30.10.2023 passed by the Special Judge, NDPS, Rudrapur, District Udham Singh Nagar in Misc. Criminal Application No. 369 of 2023 State vs. Mohd. Arman in connection with FIR No. 415 of 2023 for the offences punishable under Sections 8, 21 and 60 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’), whereby the application, preferred under Section 156(3) and 172(2) of Cr.P.C. were rejected.

2. Brief facts of the present case are that one S.I. Anil Joshi lodged an FIR being FIR No. 415 of 2023 under Sections 8, 21, and 60 of the NDPS Act against one Mohd. Arman on 08.10.2023 at Police Station Jaspur, District – Udham Singh Nagar, as 07.15 grams of smack was recovered from Mohd. Arman. As per contents of the FIR, on being caught, he stated that he sells smack for a lady named Gulnaaz (applicant). Thereafter, the name of the applicant was also included in the FIR as one of the accused.

3. The applicant challenged the said FIR before this Court by way of Criminal Writ Petition No. 1478 of 2023 Gulnaz vs. State of Uttarakh