A.F.R.

Court No. - 71

Case :- APPLICATION U/S 482 No. - 9911 of 2022

Applicant :- Sonu Kumar Gupta

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- Alok Kumar

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

By moving this application under section 482 Cr.P.C.

the applicants seek to invoke the inherent jurisdiction of

this court to quash the order dated 24.3.2022 in criminal

misc. case no. 44 of 2022, State Vs.Pawan Kumar and

others, arising out of case crime no. 91 of 2021 under

section 8/21 NDPS Act, police station Ghoorpur District

Allahabad. A further prayer is made to release three

wheeler vehicle no. UP-65-TD-9967 in favour of the

applicant relating to the above mentioned case.

Heard learned counsel for the applicant, learned

A.G.A. and perused the record.

Learned counsel for the applicant submits that the

FIR was lodged against six named accused persons under

section 8/21 NDPS Act on 11.3.2021 with the allegation

that in three wheeler vehicle no. U.P.-65-TD-9967 four

accused persons Pawan, Kuldeep Kumar, Mohd. Nasir and

Sonu @ Mohd. Hasim were apprehended by the police with

49 boxes, total 5807 bottles of onerex cc cough syrup,

without any bill and voucher, being transported from New

Vridhi Farma Saptnagar Madagin, Varanasi to M/s Shyam

medical store Gauhaniya Riva Road Jasra Prayagraj.

It is argued that each bottle contained 10 ml. codine

phosphate. The total codine phosphate quantity could be

said to be 580.7 g. which is much less than the

commercial quantity of 1 kg. The applicant was neither

apprehended by the police on the spot in possession of

any material relating to NDPS Act, nor the material was

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being supplied by him or it was for him. He is just the

owner of the three wheeler no. U.P.-65-TD-9967 with all

valid documents. He has been falsely implicated in the

present case. He is an innocent, law abiding and peace

loving person, having no criminal history. The applicant

moved his release application before the trial court, which

was dismissed vide order dated 24.3.2022.

His vehicle is parked at the premises of police station

since 11.3.2021. He has complete documents of the

vehicle. GST invoice and account statement of the syrup

recovered are also annexed with the paper book. It is

alleged by the police that no receipt was shown regarding

the medicine recovered, whereas the police concerned did

not consider the receipt of the medicines at the time of

recovery.

Learned A.G.A. opposed the application and

submitted that the bill placed before the court does not

bear signature of any person. In the recovered syrup the

quantity of codine was 580.7 kg. which is much higher

than the permitted commercial quantity of 1 kg. The

applicant is the vehicle owner, he is responsible for the

things supplied in his vehicle, unless he proves otherwise.

It is for him to establish prima facie that his vehicle was

being used for transportation of the contraband substance

without his knowledge.

From the perusal of the record, it is found that from

three wheeler of the applicant, the police had recovered

5807 bottles, each bottle containing 100 ml. onerex cough

syrup on the spot. The person on the three wheeler could

not show the bill and voucher of this cough syrup. Each

bottle of cough syrup contained 10 ml codine phosphate

and thus, total 58.07 kg codine phosphate was found

wherein its permissible commercial quantity is 1 kg.

Admittedly, the applicant was not apprehended by the

police on the spot. He is said to be the owner of the

vehicle, wherein this contraband substance is said to have

recovered. The prayer is made to release vehicle no. UP-

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65-TD-9967. His release application before the trial court

is said to have been rejected on 24.3.2022.

The trial court found that as the contraband was

recovered from the vehicle of the applicant, so it is the

presumption t