SANJAY KUMAR TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This application, under Section 482 Cr.P.C., is for quashment of order dated 13.03.2014 passed in Mohaniya P.S. Case No. 61 of 2010 whereby the learned court below has taken cognizance against the petitioner for offences under Sections 386, 384 and 120B of the Indian Penal Code.

(3.) The background of the case is that investigation of Narcotics Control Bureau Crime No. 111/INV/SEIZ/09/08 was going on. During investigation of the case, co-accused Bhim Singh made statement of disclosure before the Narcotics Authorities under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "NDPS Act). In that statement, besides other admissions, Bhim Singh disclosed that he is in business of the narcotics and through Ayodhya Chouhan and Raghuveer Pandey, he used to send the narcotics to Bangladesh. Thereafter, the authorities raided the house of Ayodhya Chouhan. Ayodhya Chouhan was not present at the time of raid, rather his wife Sushila Chauhan was there. Statement of Sushila Chauhan was also recorded under Section 67 of the NDPS Act on 18.07.2009. In her statement Sushila Chauhan disclosed that her husband prepares heroin in the backside of the bathroom of the house. Besides others, Pappu, Son of Purnmasi of village Ratwar, Bhabua used to visit her house to purchase heroin. Thereafter, the petitioner being Officer of the Narcotics Control Bureau send notice to Pappu, Son of Purnmasi (complainant of this case) under Section 67 of the NDPS Act on 24.11.2009. On non-response by Pappu, another notice was sent on 18.12.2009 vide Annexure 5 and 6 respectively. This notice was also not responded by Shyamlal Gupta @ Pappu, rather the present complaint case was filed by Shyamlal Gupta @ Pappu on 16.02.2010 against the petitioner.