Patna High Court
Pyarelal PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The petition is dismissed because the unexplained delay of over a decade bars the application under the doctrine of laches.
Summary
Petitioner Pyarelal Prasad filed a petition in the Patna High Court seeking to quash an order dated 01‑04‑2013 passed by the Exclusive Special Judge, NDPS, Motihari, which had taken cognizance of offences under Sections 29, 20(b)(ii)(c) and 23 of the NDPS Act based on a process under Section 82 of the Cr.P.C. (equivalent to Section 84 of the BNSS). The petition was filed more than a decade after the original order, and the petitioner offered no satisfactory explanation for the delay. The Court examined whether the extreme delay and laches barred the petition. Finding no reasonable justification for the inordinate delay, the Court held that the application could not be entertained. Consequently, the petition was dismissed on the ground of delay and laches.
Issues considered
- Whether an application for quashing an NDPS order can be entertained after an inordinate delay of more than ten years
- Whether the doctrine of laches applies to bar the petition
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 84
- Code of Criminal Procedure, 1973 — s. 82
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 23, 29
Subjects
- NDPS Act
- quash order
- delay
- laches
- Criminal Procedure Code
- Section 82 CrPC
- Section 84 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43601 of 2025
Arising Out of PS. Case No.-9 Year-2007 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- East Champaran
======================================================
Pyarelal Prasad S/O Vishwanath Prasad R/O 09, Ward no. 10, Pandey Tola,
Lalgarh, West Champaran.- 845438
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Union Of India India
3. B.K. Choudhary S/O Not Known Inspector Customs (P), Division Motihari
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
For the Customs : Mr. Anshuman Singh Sr. SC
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 17-04-2026 Heard the learned counsel for the petitioner, the
learned counsel for the State and the learned counsel for the
Customs.
2. The present application has been filed for quashing
the order dated 01.04.2013 passed by the learned Exclusive
Special Judge, NDPS, Motihari, in connection with NDPS Case
No. 32 of 2007 arising out of Official Complaint Case No. 09 of
2007, whereby process under Section 82 of the Cr.P.C.
(corresponding to Section 84 of the BNSS) has been issued
against the petitioner for the offences under Sections 29, 20(b)
(ii)(c) and 23 of the NDPS Act.
3. The petitioner has approached this Court in the year
Patna High Court CR. MISC. No.43601 of 2025(3) dt.17-04-2026
2/2
2025 challenging the order taking cognizance, which was
passed in the year 2013.
4. It is evident that there is an inordinate and
unexplained delay of more than a decade in approaching this
Court. The petitioner has failed to furnish any plausible or
satisfactory explanation for such extraordinary delay. No
material has been placed on record to explain or justify the
prolonged inaction on the part of the petitioner in approaching
this Court.
5. In the absence of any convincing explanation for
the gross delay, this Court is not inclined to entertain the present
application. Accordingly, the present application stands
dismissed on the ground of delay and laches.
(Praveen Kumar, J)
Jyoti/-
U T
Checking your session…