Criminal applicant sought quashing of trial proceedings for spurious drugs possession under Section 482 Cr.P.C. The court dismissed the application, noting that no illegality was shown and the trial proceeded within competent court authority after challarge framing.
Application under Section 482 Cr.P.C. to quash proceedings dismissed.
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Neutral Citation No. - 2023:AHC:175068
Order Reserved On: 21.08.2023
Order Delivered On:04.09.2023
Court No. - 86
Case :- APPLICATION U/S 482 No. - 30358 of 2023
Applicant :- Sumit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Singh Pundir Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
which huge quantity of drugs was found. On interrogating the said two persons and on asking for the licence, neither the drug license nor any papers relating to the possession of the said drugs were furnished and they disclosed that the said drugs are being brought from Roorkee and all the said drugs are spurious. On verification from the concerned authorities, the medicine name or code could not be identified. On the basis of the said recovery, a recovery memo was prepared and an FIR was lodged against the applicants vide Case Crime No. 102 of 2021, under Sections 275, 276, 420 IPC and Sections 18A and 27 of Drugs and Cosmetics Act and the applicants were arrested and remanded to judicial custody.
record, however, only a prayer has been made that the entire proceedings be quashed without pointing out any feasible grounds for quashing the entire proceedings based on charge-sheet.
if a separate complaint under the Drugs and Cosmetics Act has been filed or not, which report is still awaited, the instant application for quashing the entire proceedings has been filed without challenging either the charge-sheet, order taking cognizance and summoning the applicants or order framing charges against the applicants, which in fact, are well within the competence of the trial court. No procedural illegality or error in law in continuing the instant proceedings could be pointed out by the counsel for the applicants. Moreover, in the facts and circumstances of the case, there cannot be said to be any failure of justice in continuing the present proceedings against the applicants.
Order Date :- 4.9.2023 Subham
Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court can quash the entire criminal proceedings under Section 482 Cr.P.C. at a preliminary stage before evidence is recorded.
Whether the failure to point out specific grounds of illegality or error in law renders the application under Section 482 Cr.P.C. liable to be dismissed.
3 provisions across 3 enactments
Sumit And Another
State of U.P. and Another
Rajiv Gupta
Subham Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
