2025 Supreme(Online)(UK) 3496
HIGH COURT OF UTTARAKHAND
MUNNA ALIAS GURUCHARAN – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPCRL 1677 / 2025
Office Notes, reports, orders or proceedings S N L o . . D e a t an o d r d R i e re g c is t t io ra n r s ’ s COURT’S OR JUDGE’S ORDERS order with Signatures WPCRL No. 1677 of 2025 Hon’ble Ashish Naithani, J.
Mr. Rajat Mittal and Mr. Gaurav Nagpal, learned counsels for the Petitioner.
2. Mr. Rakesh Negi, learned counsel for the State of Uttarakhand.
3. The present Writ Petition under Article 226 of the Constitution of India has been filed with the following prayers:-
“(i) Issue a writ or order or a direction in the nature of certiorari quashing the impugned F.I.R. No. 0394 of 2025 dated 17.08.2025 under Sections 8/21/29 of N.D.P.S. Act, 1985 registered at P.S. Rishikesh, District Dehradun.
(ii) Issue an appropriate, writ order or direction to the respondent nos. 1 and 2 not to take any coercive action against the petitioners in pursuance to the impugned F.I.R. No. 0394 of 2025 dated 17.08.2025 under Sections 8/21/29 of N.D.P.S. Act, 1985 registered at P.S. Rishikesh District Dehradun.”
4. The Petitioner has also filed a Stay Application, being I.A. No. 01 of 2025, seeking a stay on the arrest of the Petitioner in pursuance of the impugned FIR No. 0394 of 2025 dated 17.08.2025 under Sections 8/21/29 of N.D.P.S.
Act, 1985 registered at P.S. Rishikesh, District Dehradun.
5. As per the FIR, one person, namely Sagar Jaiswal, was apprehended on the spot with a contraband substance identified as heroin, as tested by the Drug Detection Kit. The contraband was weighed at the spot using a weighing machine and was found to be 11.65 grams, whereupon the said person named the Petitioner- Gurucharan alias Munna. 6. Learned counsel for the Petitioner further submits that the Petitioner has been implicated only on the basis of the disclosure made by the main accused under Section 29 of the NDPS Act and has no role in the alleged offence.
7. Admit.
8. Let the objections be filed by the Respondents.
9. Considering the facts and circumstances of the case, as an interim measure, it is directed that till the next date of listing, no coercive action shall be taken against the Petitioner in connection with FIR No. 0394 of 2025 dated 17.08.2025 under Sections 8/21/29 of N.D.P.S. Act, 1985 registered at P.S. Rishikesh, District Dehradun, subject to the Petitioner extending full cooperation in the proceedings before the Investigating Agency/Court below. It is further clarified that in the event of non-cooperation by the Petitioner, the interim protection granted herein shall stand automatically vacated.
10. The Stay Application stands disposed of accordingly.
11. List this case on 26.02.2026.
(Ashish Naithani, J.)
15.12.2025 Shiksha