NATHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal misc. petitions under Section 482 Cr.P.C. have been filed by the petitioners with a prayer for quashing of F.I.R. No. 160/2019 of Police Station Phalodi, District Jodhpur for the offence punishable under Section 8/15 of NDPS Act.

(2.) In the impugned F.I.R., it is stated that on a information received by the police from a secret informant on 13.5.2019 to the effect that petitioners Nathuram, Bhanwarlal and Shaitanaram had smuggled huge quantity of poppy straw and kept it in the agriculture field of petitioner-Bhanwarlal, the police raided the agriculture field of the petitioner-Bhanwarlal and found huge quantity of poppy straw stuffed in eleven gunny bags from a room constructed on the agriculture field of Bhanwarlal. After seizing the narcotic contraband, the police registered the impugned F.I.R. and started investigation.

(3.) It is argued by learned Counsel for the petitioner that the police have falsely implicated the petitioners in this case. It is argued that as a matter of fact, the police have also tried to implicate the petitioners in a false case in relation to which, F.I.R. No. 159/2019 was registered at Police Station Phalodi, District Jodhpur alleging that when the police party had raided the house of one of the accused in another case at village Dhadhu, the petitioners along with other persons had attacked the police and tried to kill the police personnel. It is submitted that as the petitioners Nathuram and Bhanwarlal were not present on the day of the incident in village Dhadhu they submitted the proof regarding their absence from the said village, the police has forced to file negative final report against them in the F.I.R. No. 159/2019.