ASLAM PARVEZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Sec. 482 Cr.P.C. with the prayer to quash the entire criminal proceeding against the petitioner including the order taking cognizance dtd. 22/8/2020 passed by the learned Additional Sessions Judge-II, Hazaribagh in connection with Korrah P.S. Case No. 97 of 2020, corresponding to Drugs and Cosmetics Case No. 02 of 2020, whereby and where under the learned Additional Sessions Judge-II, Hazaribagh has taken cognizance of the offence punishable under Sec. 414/34 of the Indian Penal Code and under Sec. 27(b)(ii) of the Drugs & Cosmetics Act, 1940 consequent upon submission of charge sheet in respect of the said offences by the police in connection with Korrah P.S. Case No. 97 of 2020.

(3.) The brief fact of the case is that the F.I.R. of Korrah P.S. Case No. 97 of 2020 was lodged by the Probationer Police Sub-Inspector contending therein that the petitioner and his associates were riding a motorcycle and when the informant-police officer instructed them to stop, they stopped and on verification it was found that though the engine of the motorcycle was of Hero Honda make but the petrol tank of the motorcycle was of passion plus make. It appeared that efforts were made to clear the chassis number and engine number. The petitioner was taken to the police station along with the motorcycle and from the motorcycle tool box, chlorpheniramine maleate and codeine phosphate syrup 100 ml of Ownrex company which is cough syrup of two bottles, one chillam used to consume ganja and two tablets of Nitrosun which is an intoxicant were seized and it was alleged that the petitioner in furtherance of common intention with the co-accused persons were assisting in concealment of stolen property as well as stocking for sell of drugs without a valid licence.