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Allahabad High Court

SANJEEV KUSHWAHAversusUNION OF INDIA AND ANOTHER

Decided

Holding

The application under Section 528 is dismissed as it was not pressed, with liberty granted to file a suitable application later.

Summary

The applicant, Sanjeev Kushwaha, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash a September 2024 order of the Special Judge that dismissed his request for release of money in a narcotics trial. The order being challenged related to Session Trial No. 699 of 2020 arising from NDPS case No. 39 of 2019. During the hearing, the applicant’s counsel indicated that he no longer wished to pursue the present application and instead sought liberty to file a suitable application before a competent court later. The court noted the applicant’s request and, finding that the application was not being pressed, dismissed it without addressing the merits. The certified copy of the order was to be returned to the applicant’s counsel after a xerox was retained.

Issues considered

  • Whether an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita can be entertained when the applicant withdraws it.
  • Whether the court may grant liberty to the applicant to file a fresh application before a competent jurisdiction.

Legislation cited

Subjects

  • Section 528
  • application to quash
  • procedural dismissal
  • liberty to file
  • Narcotics trial
  • criminal procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 5901 of 2025

                                    Sanjeev Kushwaha
                                                                                                .....Applicant(s)
                                                                      Versus
                                    Union Of India And Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)                   :   Ram Prasad Kanaujiya
                                    Counsel for Opposite Party(s)              :   Ashish Pandey, G.A.

                                    Court No. - 76
                                                  HON'BLE SANJAY KUMAR PACHORI, J.

                                    Sri Ram Prasad Kanaujiya, learned counsel for the applicant and Sri
                                    Ashwani Kumar Rai, learned A.G.A. for the State are present. No one has
                                    appeared on behalf of Narcotics Bureau.

                                    The present application under Section 528 of the Bharatiya Nagarik
                                    Suraksha Sanhita has been filed to quash the order dated 20.09.2024 passed
                                    by Special Judge N.D.P.S./ Additional Sessions Judge, Court No. 12 Kanpur
                                    Nagar, whereby the release application has been dismissed, which has been
                                    filed to release the certain amount in Session Trial No. 699 of 2020 arsing
                                    out of Case Crime No. 39 of 2019, under Sections 8/18/29 of N.D.P.S. Act,
                                    Police Station- N.C.B. Lucknow, District- Lucknow.

                                    After some arguments, learned counsel for the applicant does not want to
                                    press this application and wants liberty to file an appropriate application/
                                    proceedings before the court of competent jurisdiction.

                                    Certified copy of the order may be returned to the learned counsel for the
                                    applicant after retaining a xerox thereof.

                                    In view of the above, the application is dismissed as not pressed with the
                                    aforesaid liberty.

                                    May 6, 2026
                                    Ishan
                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


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