In a criminal miscellaneous petition seeking quashing of an FIR under the NDPS Act via Section 482 Cr.P.C., the Court dismissed the petition as the prosecution trial was already in progress with evidence recorded against co-accused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[1]
Crl. Misc. No.M-40740 of 2007
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No.M-40740 of 2007
Date of Decision: 22 - 2 – 2012
Mandip Singh
.....Petitioner
v.
State of Punjab and others
.....Respondents
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
Present: None for the petitioner.
Mr.K.S.Dadwal, Addl.A.G., Punjab.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present petition has been filed under Section 482 Cr.P.C. praying that FIR No.262 dated 1.8.2006 registered at Police Station Nakodar, District Jalandhar under Sections 8, 21, 29, 60 and 61 of the Narcotic Drugs & Psychotropic Substances Act, 1985 be quashed.
Nobody has caused appearance for the petitioner.
Mr.K.S.Dadwal, Additional Advocate General, Punjab has stated that in terms of order dated 5.12.2011, the information sought in a sealed cover, has been brought to this Court and if this Court requires, sealed cover can be opened.
I have heard counsel for the State at length. I do not deem it appropriate to open the sealed cover in view of the submissions made by
[2]
Crl. Misc. No.M-40740 of 2007
counsel for the State.
Counsel for the State submits that the present petitioner has been charged by the Court of Judge, Special Court, Jalandhar on 8.8.2011 for offences under Sections 29, 21, 21 read with Section 25 of the Narcotic Drugs & Psychotropic substances Act, 1985 and thereafter one prosecution witness has also been examined and the evidence has been recorded against co-accused, who have not been arrested or declared as proclaimed offenders under Sections 299 Cr.P.C. Counsel states that now the case is fixed for 3.3.2012 for recording of remaining prosecution evidence.
Since the trial is in progress, no ground is made out to cause interference especially when a reading of the charge sheet reveals that trial Court had considered all the material gathered by the investigating agency while formulating the charges against the petitioner.
Hence, the present petition is dismissed.
February 22, 2012.
( KANWALJIT SINGH AHLUWALIA ) JUDGE
RC
1 issue framed by the court
Whether Section 482 Cr.P.C. warrants quashing of an FIR under the NDPS Act during the pendency of a trial where evidence has commenced against co-accused.
2 provisions across 2 enactments
Mandip Singh
State of Punjab
KANWALJIT SINGH AHLUWALIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
