FATEH LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused -petitioner has filed this Criminal Misc.Petition under Section 482 Cr.P.C. with a prayer to quash the FIR No.628/2013 registered at Police Station Mahuwa (District Dausa) for offence under Section 8/15 of the Narcotic Drugs and Pshchotropic Substances Act (hereinafter to be referred as "the Act") to his extent and also to quash the charge -sheet filed against him under Section 299 Cr.P.C. for offences under Sections 8/15 and 8/29 of the Act and also the criminal proceedings arising thereunder.

(2.) BRIEF relevant facts for the disposal of this petition are that the aforesaid FIR for offence under Section 8/15 of the Act came to be registered against the co -accused -Shri Ramavtar at Police Station Mahuwa (District Dausa) on the premises that Narcotic Drug Poppy Husk (Doda Post) total weight 64 Kg. was recovered from his possession on 15.11.2013 when the same was being transported by him from one place to another through a vehicle bearing Registration No.RJ -29 -UA -0796 without any valid licence or permit. After investigation, charge -sheet for offences under Sections 8/15 and 8/29 of the Act was filed against the co -accused, whereas it was filed against the petitioner for the same offence under Section 229 Cr.P.C. by the reason that the petitioner could not be arrested despite all efforts made by the investigating agency. It appears during investigation, apart from other evidence, statements of Shri Ram Babu, father of co -accused, Suraj Prajapat, Rafiq Khan and Mahesh Chand, brother of co -accused, under Section 161 Cr.P.C. were recorded and telephonic conversations allegedly taken place between the petitioner and aforesaid persons were also collected and at the instance of co -accused -Shri Ramavtar site plan dated 18.11.2013 was prepared.

(3.) IT was submitted by the learned counsel for the petitioner that upto the registration of the FIR, name of the petitioner did not appear in any manner showing his involvement in the transportation or/and of the possession of the narcotic drug recovered from the possession of the co -accused, but charge -sheet for the aforesaid offences under Section 299 Cr.P.C. has been filed against the petitioner although there is no iota of legally admissible evidence even showing prima facie involvement of the petitioner in the said incident. It was further submitted that the only evidence collected against the petitioner is in the form of some telephonic conversations between the petitioner and some other persons including father and brother of the co -accused allegedly taken place on 15.11.2013 after registration of FIR and on 16.11.2013. It was submitted by the learned counsel that such telephonic conversations are not admissible in evidence even for the purpose of filing of the charge -sheet. It was also submitted that from the bare perusal of the FIR, charge -sheet and the evidence collected during investigation aforesaid offences or any other offence, even prima facie, are not made out or disclosed against the petitioner and, therefore, further continuation of criminal proceedings against the petitioner on the basis of such FIR and charge -sheet is nothing but an abuse of process of law and, therefore, to secure the ends of justice, it is required to be quashed immediately.