1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Appln No. 252 of 2010 1. Mohan Chandra S/O Shri Raghubit Chand R/O Village Chandani, P.S Banbasa, Tehsil Purna Giri, District Champawat ………. Applicant Versus 1. State of Uttarakhand, through Secretary Home Affairs, Dehradun. 2. Station Officer, Police Station Banbasa, District Champawat. …………..Respondents Shri R.S. Sammal, Advocate present for the petitioner Shri Mamta Bisht A.G.A for the State Hon’ble Prafulla C. Pant, J. By means of this petition moved under section 482 of Code of Criminal procedure, 1973, the petitioner has sought quashing of the proceedings of Special Sessions Trial no. 14 of 2008, State vs. Mohan Chandra, relating to offences punishable under section 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985, pending in the Court of Sessions Judge Champawat. 2 (2) Brief facts of the case are that 2.7 kg charas was being transported in a scooter bearing registration No. UP 04-B- 1087. It is pleaded on behalf of the petitioner that the scooter was not being driven by him. It is contended on behalf the petitioner that said scooter had already been sold by him for Rs. 3200/-, to one Ashok, and the implication of the petitioner in the case, is false. (3) Whether the scooter had already been sold by the petitioner to one Ashok before the date of incident or not, is a question of fact which can be examined by the trial Court. This Court at this stage, on the basis of the half baked evidence, cannot hold whether implication of the petitioner is true or false. (4) For the reasons as discussed above. This Court is not inclined to interfere with the proceedings of the trial. Therefore, the petition under section 482 of Cr.P.C, is dismissed summarily. (Prafulla C. Pant, J.) Dt.25.3.2010 Nahid