Case Note & Summary
The petitioner, Rahul Madan Sharma, a young engineer aspiring to study abroad, filed a writ petition seeking quashing of criminal proceedings pending before the J.M.F.C., Vasai in S.C.C. No.548/2021 under Section 8(c) read with 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The FIR (C.R. No.II-36/2021) was lodged on 7.2.2021 by Police Constable Kiran Avhad of Manikpur police station. According to the FIR, the informant and his team received instructions to conduct a raid against persons consuming narcotic drugs. They called two panchas and started patrolling in civil dress. At about 7:00 p.m., they received secret information that two persons were consuming narcotic drugs in an open place in front of a temple. The team went there and saw two persons taking something from a bag, putting it in a pipe, and smoking. The informant believed they were smoking Ganja. The team encircled them; the petitioner was apprehended while the other person's fate is not mentioned. The informant noted that the petitioner's eyes did not look normal and his fingers and nails had a blackish tinge. When asked, the petitioner allegedly stated he was smoking Ganja. The FIR further states that the team destroyed the pipe, the substance (described as tobacco mixed Ganja), matchbox, and burnt match sticks at the spot. The petitioner was given an option to be taken to a Magistrate or Gazetted Officer for personal search, which he declined. His personal search yielded nothing objectionable. He was arrested and sent for medical examination at D.N. Petit Hospital. The charge-sheet contained the panchnama and a statement of Police Nayak Kalpesh Keni, both identical to the FIR. No other material, such as an FSL report, was present because the seized articles were destroyed. The petitioner's counsel argued that there was no evidence to show the petitioner was smoking Ganja, the statement to the police was inadmissible, and nothing was seized. The court agreed, finding the investigation extremely doubtful and suspicious, with no incriminating material against the petitioner. The court held that continuation of proceedings would be an abuse of process of law and quashed the FIR and criminal proceedings.
Headnote
A) Criminal Procedure - Quashing of FIR - Abuse of Process of Law - Section 482 CrPC - Where the entire charge-sheet contains no incriminating material, seized articles were destroyed at the spot, and there is no FSL report, continuation of proceedings would be an abuse of process of law. Held that the FIR and proceedings are liable to be quashed (Paras 6-8). B) Narcotic Drugs - NDPS Act - Section 8(c) read with 27 - Lack of Evidence - The prosecution alleged smoking of Ganja but the pipe, substance, and matchbox were destroyed at the spot. No FSL report or medical evidence corroborated the allegation. The statement of the accused to the police is inadmissible. Held that no offence is made out (Paras 3-7).
Issue of Consideration
Whether the criminal proceedings under the NDPS Act should be quashed when there is no seized material, no FSL report, and the only evidence is the FIR and panchnama which state that the articles were destroyed at the spot.
Final Decision
The FIR registered vide C.R. No.II-36/2021 dated 7.2.2021 at Manikpur Police Station, District Palghar, and the criminal proceedings being S.C.C. No.548/2021 pending before the J.M.F.C., Vasai, are quashed and set aside. The petition is disposed of accordingly.
Law Points
- Quashing of criminal proceedings
- abuse of process of law
- no prima facie case
- destruction of seized articles
- lack of FSL report
- inadmissibility of confession to police
