MUNSHI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two Misc. Petitions have been preferred by the petitioner Jai Singh and Balveer Singh seeking quashing of the FIR No.191/2020 registered at the Police Station Ratangarh District Churu for the offence under Ss. 8/18, 29 and 59 of NDPS Act.

(2.) It is a very unique case of unlawful activities and exercise of power by the members of Law Enforcing Authority and Preventive Team. Even a glance at the first information report manifests illegal retention of opium by the police constable since, as per the report, the alleged recovery was made on 21/6/2020 and it was reported to their own police station on 25/6/2020. Very dicey circumstances are appearing and the role played by the petitioner is required to be investigated thoroughly and incisively.

(3.) Petitioner Balbir Singh is the person who lodged the report along with the contraband after keeping it himself for four days. Petitioner Jai Singh was the member of the team who intercepted a vehicle and whereafter contraband came to be taken into possession. Even having possession of contraband itself is an offence, if either there is licence or there is any authority under the law to keep it detained. A fair practice demands immediate and prompt report of the matter to the superior officers and furnishing of information to the police station.