B. KARTHICK Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in C.C.No.159 of 2024 on the file of the Additional District Judge, Special Court for E.C. Act cases, Pudukottai District.

(2.) The case of the prosecution is that the petitioner along with other accused were found indulged in selling of kanja and there by the other accused caught red handed and based on the confession of the co-accused this petitioner was arrayed as an accused for harbouring the accused and he has been charged for the offence under Ss. 8(c), 20(b)(ii)(c), 25, 27A and 29(1) of NDPS Act, 1985 and 120(B) of IPC.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner herein is arrayed as A7 in this case and as per the prosecution A1 to A7 illegally transported kanja. On 26/11/2023 at about 09.15 a.m., the respondent police found a four wheeler bearing Reg. No. TN 38 BZ 3420 belonging to A2 with 105kgs of kanja and the same was tried to transport to Srilanka through Ship and thereafter A1, A2 and A3 ran away and escaped through an auto to Mangalkudi vilakku road where A5 was waiting in a car to pick up them. A1 to A3 and A5 escaped from the scene of occurrence. Thereafter A3 informed the said incident to A7/the petitioner herein and the petitioner after knowing that he involved in the kanja case harboured A3 and sent him to Tirupur and arranged job in the Solar Planet at Tirupur. Thereafter the case was registered. Infact the petitioner has no knowledge about the incident and except the confession statement of A3 there is no evidence to show that A3 involved in the harbouring the accused and A3 was not under the custody of the petitioner. Even as per the prosecution he only arranged job to A3 at Tirupur, therefore there is no materials to constitute the offence under Sec. 27(A) of NDPS Act but the respondent police without proper investigation included the petitioner as one of the accused but the trial Court without any materials had taken cognizance for the offence under Ss. 8(c), 20(b)(ii)(c),25, 27A and 29(1) of NDPS Act, 1985 and 120(B) of IPC, therefore the pending proceedings are liable to be quashed.