Case Note & Summary
The applicants filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of FIR No.56/2006 registered with Bajarpeth Police Station, Bhusawal, and FIR No.19/2006 registered with Shani Peth Police Station, Jalgaon, along with all subsequent proceedings. The FIRs were registered for offences punishable under Sections 2, 22, and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985, based on recovery of contraband from other accused persons. The applicants, who were not named in the FIRs and from whom no contraband was recovered, contended that they had been falsely implicated and that there was no prima facie case against them. The State filed an affidavit opposing the application. The court, after hearing arguments and perusing the charge sheets, found that the applicants were not arrested at the spot, no contraband was recovered from them, and there was no material to connect them to the alleged offences. The court held that continuing the proceedings against the applicants would be an abuse of the process of law and accordingly quashed both FIRs and all proceedings arising therefrom.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - Applicants sought quashing of FIRs registered under NDPS Act - Court held that where no contraband is recovered from the applicants and there is no prima facie material connecting them to the offence, continuation of proceedings would be an abuse of process of law - Held that FIRs and proceedings are liable to be quashed (Paras 1-5).
Issue of Consideration
Whether the FIRs and subsequent proceedings against the applicants under the Narcotic Drugs and Psychotropic Substances Act should be quashed under Section 482 of the Criminal Procedure Code, 1973.
Final Decision
The court allowed the criminal application and quashed FIR No.56/2006 registered with Bajarpeth Police Station, Bhusawal, and FIR No.19/2006 registered with Shani Peth Police Station, Jalgaon, along with all proceedings arising therefrom.
Law Points
- Quashing of FIR
- Inherent powers under Section 482 CrPC
- No prima facie case
- Abuse of process of court
- NDPS Act Sections 2
- 22
- 27
