RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') prays for quashing FIR No. 308 dated 9.8.2003 registered under Sections 15 and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'Act'), and Sections 420, 468, 469, 471 and 474 of Indian Penal Code (for brevity, 'IPC'), with Police Station, Samana, District Patiala. It has further been prayed that all the proceedings consequential to the FIR held against the petitioner be also quashed.

(2.) THE translated version of the FIR has been attached with the petition as Annexure P-1 and the same reads as under :-

(3.) THE petitioner has alleged that he is not the person who is alleged to have committed the offences disclosed the FIR. He appears to have requested to the Senior Superintendent of Police, Patiala for holding an inquiry claiming that he was innocent. The inquiry was handed over to the Deputy Superintendent of Police (Rural), Patiala by the Senior Superintendent of Police, Patiala. In the inquiry, the petitioner is said to have been found innocent which has now been submitted to the Senior Superintendent of Police. A copy of Inquiry Report dated 29.10.2003 has been placed on record as Annexure P-2. Thereafter challan has been presented and name of the petitioner continues to be mentioned therein as is evident from the report under Section 173 Cr.P.C., Annexure P-3. On an application filed by a co-accused, Joginder Singh, the Superintendent of Police (D), Patiala held another inquiry and Inquiry Report dated 17.3.2004 has been placed on record. Referring to earlier Report dated 29.10.2003 (Annexure P-2) of the Deputy Superintendent of Police, the Superintendent of Police (D) has held that when the poppy husk was recovered from the Canter, no one was arrested at the spot and the petitioner was found as innocent on the basis of alibi because the petitioner was in hospital at the relevant time. The conclusion of the Superintendent of Police (D), Patiala in his Report dated 17.3.2004 reads as under :-