GURMEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition under Section 482 Cr.P.C. has been preferred on behalf of the accused petitioners with a prayer for quashing of entire criminal proceedings relating to the chargesheet No.23/2017 filed in furtherance of investigation of the FIR No.404/2016 registered at the Police Station Nimbahera, District Chittorgarh for the offences under Section 8/15 of the NDPS Act and Section 420 IPC.

(2.) Facts in brief are that Bhawani Singh, Sub-Inspector, holding charge of Police Station Nimbahera, was conducting a routine nakabandi on 05.11.2016 at the Nimbahera- Neemach Highway near the Wonder Cement Cross Roads Underbridge. At around 07.30 am., a Swift Dezire Car bearing registration No.RJ14-UA4887 was seen approaching the nakabandi in which, two persons were sitting. The vehicle was flagged down to stop. However, the driver showed hesitation in stopping the car despite the signal. Thereupon, the police party put up a barricade and stopped the car. The occupants of the car got down and tried to escape on feet but they were apprehended at the spot. Looking to the evasive conduct of occupants of the car, the Sub-Inspector Bhawani Singh became suspicious and thus, he called motbirs and conducted search of the car from which, illicit poppy straw weighing 72 Kgs. was recovered. The requisite seizure, sampling procedure was carried out at the spot and the Sub-Inspector returned to the police station and thereafter, registered an FIR No.404/2016 at the Police Nimbahera. After investigation, a charge-sheet came to be filed against the petitioners for the offences under Section 8/15 of the NDPS Act and Section 420 IPC in the court of the Special Judge, NDPS Act Cases No.1, Chittorgarh. The petitioners have, now approached this Court by way of this misc. petition with a prayer for quashing of the entire criminal proceedings relating to the charge-sheet No.23/2017 filed in furtherance of investigation of the FIR No.404/2016.

(3.) Mr. S.D. Purohit, learned counsel representing the petitioners relied upon the Supreme Court decision in the case of State of Punjab vs. Balbir Singh, (1994) AIR(Supreme Court) 1872 and this Court's judgments in the cases of Gopal & Ors. vs. State of Rajasthan (S.B. Criminal Misc. Petition No.3073/2014) decided on 01.09.2017 and Surja Ram vs. State of Rajasthan (S.B. Criminal Misc. Petition No.315/2016) decided on 109.2017 and contended that ex-facie, as the seizure was made by Bhanwar Singh, Sub-Inspector who was not posted as officer incharge of the Police Station Nimbahera at the relevant point of time, the entire seizure and search proceedings are vitiated because the same were effected by an officer not expressly authorised under section 41 of the NDPS Act. He urged that Section 42 of the NDPS Act clearly applies to the case at hand and since, the seizure officer was not authorized under Section 41 of the Act to conduct the search proceedings, manifestly, the seizure is bad in the eye of law and the entire criminal proceedings sought to be taken on the basis of such illegal search and seizure are vitiated as they do not fulfill the requisite procedural safeguards. On these grounds, he implored the Court to exercise its inherent powers and quash the impugned chargesheet as well as all proceedings sought to be taken thereunder against the petitioners.