IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 220/2010 Akbar Ali ………Petitioner Versus State of Uttarakhand & Ors. ……..Respondents Mr. SK Chaudhary, Advocate for the petitioner. Mr. Prabhakar Joshi, Brief Holder for the State/respondents no. 1 & 2. April 13, 2010 Hon’ble Dharam Veer, J. This writ petition has been filed seeking a writ in the nature of certiorari for quashing the FIR dated 10.3.2010 registered at PS Pantnagar, District Udham Singh Nagar as Case Crime No. 22/2010, under Section 8/22 of NDPS Act, 1985. Heard learned counsel for the parties and perused the record. , Learned Counsel for the petitioner stated that he was not present on the spot but the police wants to arrest him in the abovesaid offence. Learned Brief Holder for the State has produced the case diary and stated that co-accused Krishna Kumar Saini and Brijkishor @ Birju, who have been arrested on the spot, have disclosed the name of present accused and petitioner has ran away from the place of occurrence and was also had 500 gm of heroin and the ample evidence has been collected by the I.O. which prima facie proves the abovesaid crime of the petitioner. Having heard the submissions of learned Counsel for the parties; the perusal of the contents of FIR, case diary produced by the learned Brief Holder for the State and other papers available on record and the facts and circumstances of the case indicate that a prima facie case under Section 8/22 of NDPS Act, 1985 is made out against the petitioner and even on the application of I.O., the court has issued a process against the petitioner under Section 82 CrPC and the petitioner is absconding and not appearing before the court concerned and not appearing before the I.O., which is also an abuse of process of law. Therefore, no interference is required by this Court at this stage. In the result, the writ petition being devoid of merit is dismissed in limine. (Dharam Veer, J.) 13.4.2010 PRABODH