ASHWINI KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Ashwini Kumar has filed this Misc. Petition under S. 482, Cr. P. C. for quashing the FIR No. 198/96, Police Station, Aakola, District Chittorgarh, under Ss. 8/18, 59(2), Narcotics Drugs and Psyshotropic Substances Act, 1985 (for short 'NDPS Act') and investigation proceedings of the aforesaid FIR.

(2.) The brief facts for the disposal of the petitioner may be stated as under :

(3.) Dy S. P. Pratapgarh submitted an application on 18-7-1996 before the learned Judicial Magistrate that the S. P., Chittorgarh has directed for further investigation in the matter by adding offence of 8/18 NDPS Act and Section 218 IPC in the earlier FIR No. 82/93 and therefore, the petitioner should be given to police for investigation. The learned Judicial Magistrate rejected this petition on 20-7-96. The petitioner was on bail in the criminal case No. 6/95 (FIR No. 82/93), an application was submitted by the prosecution for cancellation of bail which was dismissed by learned Additional Sessions Judge No. 1, Chittorgarh. The said application was filed on the ground that the offences under NDPS Act have been added and investigation is proceeding for the offences against the petitioner and therefore, the bail should be cancelled. In the above circumstances, on the dismissal of the application for cancellation of bail in criminal case No. 6/95 (FIR No. 82/93), the police registered a fresh FIR No. 198/96 at Police Station, Aakola under the offence of NDPS Act and wants to arrest the petitioner under that FIR to keep a petitioner in the Police custody. Aggrieved by the said FIR the petitioner has come up through this Misc. Petition praying for quashing the FIR No. 198/96.