PRASENJIT DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present application has been preferred by the petitioner Prasenjit Das who is serving as a Sub-inspector of police in the Assam Police Department under section 482 CrPC for quashing of the FIR pertaining to Silapathor PS Case No. 133/2017 u/s 120B/211/384 of IPC.

(2.) Necessary factual matrix depicted from the record reveals that on 09.07.2016 while one Atul Bora SI Silapothar PS while on duty along with other police officials in check-post of Piyang chapori village stopped one Tata sumo Vehicle no AR 09-3982 proceeding from Silapathar to Bogibil and on checking of the vehicle they found one passenger namely Siddarth Jadav, a person from Maharashtra carrying one packet of Glucon-D containing 14 grams of heroine (drugs). The aforesaid drugs were seized from his possession as per seizure list and he was arrested u/s 43 NDPS Act. After thorough interrogation, it was known that the accused Siddarth was working under 3 persons namely 1. Kishore Keshwani, 2. Kai Seth and 3. Nanda Jethani who hails from Mumbai, who were involved in the drug business and the said accused Siddarth carried the drugs to those 3 persons. The phone no. of two of the accused persons was also revealed by the arrested accused Siddarth.

(3.) On the basis of the aforesaid FIR, Silapathar PS Case No. 194/2016 was registered u/s 21 NDPS Act. The seized article was sent for examination at Forensic Science Laboratory and the article was found to be "Cocaine" percentage was of 49.37. During investigation, a team of police officers was sent to Mumbai to ascertain the particulars given by the arrested accused persons. After the investigation, charge-sheet was submitted against the said accused Siddarth u/s 21(b) of the NDPS Act with the submission by the I/O that there was lack of evidence against the other FIR named accused with a prayer to discharge those persons vide charge sheet No. 113 dated 19.07.2017.