SURESH DAHIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is a petition under Section 482 of Cr.P.C., for quashment of FIR as well as criminal case RCT No.129/2019, pending in the Court of Chief Judicial Magistrate Rewa for the offence punishable under Sections 5/13 of M.P. Drug Control Act and under Section 34 of IPC against the petitioners.

(2.) As per prosecution case, on 21.11.2018, police received information from the informer on mobile to the effect that one truck of Rahul Transport bearing registration no. MP20-HB- 5526 is being unloaded. The police party reached on the place of incident along with witnesses and checked the truck and found that in one brown box 12 packet cough syrup each packet containing 12 cough syrup. R.C.F cough plus syrup containing 100 ml and cost of Rs.120/- was mentioned. On enquiry from the petitioner No.1 Suresh Dahiya, he told that he is the driver of Rahul Transport Company Pvt. Ltd., Jabalpur and unloading the truck. Thereafter, the police inspected the Godown and during inspection of the Godown, 15 brown boxes in which banned drugs have been found. Total 16 box containing 2304 cough syrup have been seized costing Rs.2 Lacs 76 thousand. The petitioner No.2 who was working as Manager in the Rahul Transport Company present at the of inspection. Police seized the 15 boxes from petitioner No.2 and one box from the petitioner No.1 and thereafter, FIR was registered the crime against the petitioners.

(3.) Learned counsel for the petitioners submits that they have been falsely implicated in the case. Nothing has been seized from their possession. They have not committed any offence. Petitioner no.1 was working as Driver and petitioner No.2 was working as Manager in the Rahul Transport Pvt. Ltd. Petitioners have not produced the banned article. On the basis of memorandum under Section 27 of the Evidence Act, petitioners have been implicated in the case. Charge sheet have been filed. No such document was presented which proved the prohibition of the drug, as well as any government notification regarding the quantity and price. The Police on the basis of assumptions and presumptions registered the offence against the petitioners. With these submissions, prayer is made for quashment of the FIR and the further proceedings initiated by the trial Court against the petitioners.