JEETENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition under Sec. 528 of BNSS (482 Cr.P.C.) has been filed on behalf of the accused petitioner for quashing of the FIR No.76/2019 registered at Police Station Dhamotar District Pratapgarh for offence under Sec. 8/15 of the NDPS Act and all consequential proceedings arising out of it.

(2.) Brief facts relevant for disposal of present petition are that aforesaid FIR came to be registered on 25/5/2019 on the premise that a huge quantity of contraband (Doda Chura) was recovered from a white colour scorpio bearing registration No. MP 09 CQ 6405 without valid licence or permit. On 25/5/2019, in the night, patrolling was being done by police officials of Police Station Dhamotar. At about 04:15 AM, on Meriyakhedi road, the aforesaid white colour scorpio car was seen coming in fast speed. The driver of the car was signaled to stop the car. However, the driver of the car did not stop the car and took it in reverse side. The police team chased the car in government jeep. The scorpio car collided with stones lying on the road and broke down. The driver of the car left the car then and there and ran away from the spot. The car was searched in which huge quantity of contraband (Doda Chura) was recovered without any valid license or permit. One mobile android Samsung Phone and two number plates showing registration No. RJ 09 UC 5339 were also recovered from the car. Thus, in connection with the said recovery, initially, FIR No.76/2018 came to be registered against unknown persons for offence punishable under Sec. 8/15 of the NDPS Act and investigation was commenced. Investigation with respect to the mobile was conducted and it came out that the sim (No.9024797384) is issued in the name of accused Virmaram. The registered owner of the vehicle No.RJ 19 UC 5339 was found to be one Kesharam. The accused Virmaram was arrested and interrogation was made from him. During interrogation, he disclosed that he and Vishnaram came towards Rathanjana in Vishna Ram's Scorpio to get dodachura and Vishnaram's men got the dodachura loaded. Vishnaram drove the car while he and Vishnaram's men escorted the said car. After completion of investigation, charge sheet for offence under Sec. 08/15 of the NDPS Act was filed against accused Virmaram whereas investigation was kept pending under Sec. 173 (8) Cr.P.C. against Vishnaram. After completion of trial, vide judgment dtd. 2/9/2023, the accused Virmaram has been acquitted by learned trial court by giving him benefit of doubt. During pendency of trial, it was found that the accused Vishnaram is in judicial custody in connection with criminal case (No.11/2023, PS RICCO Barmer) and thereafter, investigation has been conducted from him. During interrogation, t he accused Vishnaram furnished information under Sec. 27 of the Indian Evidence Act that he along with Ganpat and Virmaram hired the scorpio car. They purchased dodachura from Jitu Banna, petitioner herein and were carrying the same in the scorpio car.

(3.) Learned counsel for the petitioner submits that there is no legally sustainable evidence available on record to connect the accused petitioner with the alleged crime. The accused petitioner has been roped in this case only on the basis of disclosure made by the co-accused Vishnaram, who disclosed that he along with co-accused Virmaram were carrying dodachura in the vehicle, supplied by the accused petitioner and on seeing the police party, they left the vehicle in abandoned condition on road and ran away from the spot. He submits that co-accused Virmaram has been acquitted for charge punishable under Sec. 8/15 of the NDPS Act, after full-fledged trial and therefore, no case is made out against the petitioner for offence under Sec. 8/29 of the NDPS Act. Reliance has been placed on (1) Tofan Singh v State of Tamil Nadu (2013) 16 SCC 31 and (2) Dushyant v State of Rajasthan, S.B. Criminal Misc. Petition No.1934/2015, decided on 15/7/2015.