IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.5195 OF 2024 (arising out of SLP(Crl.) No.9913/2024)
SARFARAZ KHAN & ANR. ..... APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH & ANR. ..... RESPONDENT(S)
O R D E R
Leave granted.
The facts of the present case are rather peculiar. Appellant
No.1, Sarfaraz Khan, is being prosecuted under Sections 8 and 20 of
the Narcotic Drugs and Psychotropic Substances Act, 19851, in the
chargesheet filed pursuant to the registration of the First
Information Report2/Case Crime No. 202/2003. The said FIR was
registered at Police Station – Nawabganj, Bahraich, Uttar Pradesh,
on 18.06.2003. The FIR relates to the recovery of one kilogram of
Charas from the Nepal Border. Respondent No.2 herein, Parashu Ram
Dohre, was the Station House Officer of the Police Station –
Nawabganj, District - Bahraich, Uttar Pradesh, and Shrinath Yadav
was the Investigating Officer. Chargesheet dated 06.07.2003 was
filed in FIR/Case Crime No.202/2003 and cognizance was taken on
28.07.2003.
Meanwhile, on a complaint made by appellant No.2, Izhar Khan,
the father of appellant No.1, Sarfaraz Khan, the investigation in
relation to the registration of FIR/Case Crime No.202/2003 was
1 For short, “NDPS Act.”
2 For short, “FIR.”
Crl.A.5195/2024 1
transferred to the Crime Branch, Criminal Investigation
Department3. Pursuant to the investiga...