Bombay High Court Quashes Narcotics Case Against Petitioner Due to Lack of Evidence.
06 December 2024
Evidence >> Criminal Law | FIR >> Criminal Law
This Writ Petition in the matter of Rahul Madan Sharma vs The State of Maharashtra was filed by the Petitioner, a young engineer, seeking to quash the criminal proceedings against him. The case stemmed from an FIR filed by Police Constable Kiran Avhad on February 7, 2021, in relation to an alleged narcotics-related offense under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The police claimed to have caught the Petitioner and another individual smoking Ganja in a public place. However, the Petitioner denied the allegations, and there was no evidence to support the claim that he was smoking Ganja or in possession of it. Furthermore, the items allegedly linked to the crime were destroyed at the scene, eliminating the possibility of laboratory testing.
The charge-sheet provided no substantial evidence, and statements from the police and panchas merely echoed the contents of the FIR. There was no incriminating material against the Petitioner, and no action was taken regarding the second individual involved. Given the lack of evidence, the court found the continuation of the proceedings to be an abuse of the legal process and quashed the FIR and criminal proceedings against the Petitioner.
Narcotic Drugs and Psychotropic Substances Act, 1985