VINDHYACHAL MISHRA Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The petitioner is facing proceedings in a criminal case arising out of report under Sec. 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted upon conclusion of investigation into first information report (FIR) no. 176/2018 of police station Crime Branch of Delhi Police involving offences allegedly committed under Sec. 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Concededly, after cognizance was taken by the special Court, the process was issued against him in terms of Sec. 204 Crimial P.C. The case, it appears, is at the stage of consideration of charge.

(2.) By the present petition filed before this Court under Sec. 482 Cr.P.C, prayer is made for the proceedings in the said case to be quashed on various grounds primarily the claim being that the petitioner is innocent and falsely implicated, the procedure adopted by the investigating agency being designed to falsely frame him, several illegalities having been committed, there being breaches of the mandatory provisions of the law contained in NDPS Act.

(3.) At the hearing, questions arose as to why the petitioner should come up to this Court under Sec. 482 Cr.PC. instead of making the submissions before the trial court which is now at the stage of considering the material for deciding as to whether charge is made out or not.