Petitioner, a Sadhu Baba, alleged recovery of 20 grams of charas instead of the recorded 520 grams. Court dismissed the petition to quash the NDPS Act FIR, holding factual quantity determination requires trial court evidence.
Petition to quash FIR dismissed.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-11809 of 2009 Date of decision : September 16, 2009
Sidh Giri
....Petitioner
versus
State of Punjab
....Respondent
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : None for the petitioner
Mr. Gaurav Garg Dhuriwala, AAG Punjab
L.N. Mittal, J. (Oral)
Sidh Giri lodged in Central Jail, Gurdaspur submitted application before Hon'ble the Administrative Judge at the time of jail inspection. The said application has been registered as the instant petition under section 482 of the Code of Criminal Procedure (in short, Cr.P.C.). It has been alleged in the application that the petitioner was apprehended by the police and recovery of 20 grams of charas was made from him. It is alleged that he had kept the said charas for his own consumption as he being Sadhu Baba is habitual to consume charas. However, the police has shown recovery of 520 grams of charas from him. He has accordingly prayed for quashing of the false case.
In reply filed on behalf of State of Punjab, it has been stated that 520 grams charas was recovered from the petitioner and FIR No. 147
Criminal Misc. No. M-11809 of 2009
-2-
dated 4.10.2008, under section 20 of NDPS Act, Police Station City Gurdaspur has been registered and the case is pending trial in the trial court. Charge has already been framed against the petitioner.
No ground for quashing of the impugned FIR is made out because it can be decided only by the trial court after recording evidence as to what quantity of charas was recovered from the petitioner.
In view of the aforesaid, the instant petition is dismissed but
without meaning to express any opinion on merits.
September 16, 2009 ' dalbir'
1 issue framed by the court
Whether the低了 quantity discrepancy between alleged and recovered charas warrants quashing of the FIR under Section 482 Cr.P.C.
2 provisions across 2 enactments
Sidh Giri
State of Punjab
L.N. Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
