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Patna High Court

Pyarelal PrasadversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


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