Deep Singh vs The State of Rajasthan

Sandeep Mehta, J.—The instant misc. petition has been filed on behalf of the petitioner seeking quashing of the proceedings pending against him in pursuance to the charge-sheet bearing No. 308-A/2007 dt. 30.12.2007 pending before the learned Special Judge, NDPS Act Cases, Chittorgarh for the offence under Sec. 8/25 of the NDPS Act. Briefly stated the facts necessary for the disposal of this misc. petition are that the Officers of the Police Station Nimbahera registered an FIR No. 208/2006 on the basis of recovery of 215 kg poppy straw being transported in a vehicle bearing No. RJ-10-C-2511. Two persons namely Aziz Khan and Hanuwant Singh were arrested along with the contraband poppy straw. The accused Aziz Khan disclosed at the spot that the ownership of the vehicle was that of one Yusuf Khan and accordingly Yusuf Khan was arrested and charge-sheet was filed against him for the offence under Sec. 8/29 of the NDPS Act. Thereafter, the police filed a charge-sheet against the petitioner in the Court of the learned Special Judge showing him to be an absconder and with the conclusion that the petitioner was the owner of the vehicle and, therefore, he was liable and charge-sheeted for the offence under Sec. 8/25 of the NDPS Act in this case.

The petitioner agitated the issue with the contention that the vehicle in question did not belong to him by making representations to the Investigating Officer and to the trial Court and the Investigating Officer submitted a report dt. 14.11.2011 in the trial Court with the finding that though the vehicle in question was registered in the name of the petitioner Deep Singh but he had sold the same to one Yusuf Khan. The sale document i.e. the agreement was taken by the Investigating Officer on record. Despite that, when the petitioner was continued to be summoned in connection with the aforesaid charge-sheet, he has approached this Court by way of instant misc. petition seeking quashing of the charge-sheet filed against him for the offence under Sec. 8/25 of the NDPS Act.

This Court had directed the learned Public Prosecutor to seek a detailed report of the Investigating Officer regarding the grounds raised in the misc. petition.

As per the report No. 9737 dt. 03.07.2012, the Investigating Officer has concluded as follows:-

Having heard and considered the arguments advanced by learned counsel for the parties at the bar and upon going through the facts collected by the Investigating Agency and as per the report referred to above, it is evident that the admitted case of the prosecution is that the petitioner had already sold the vehicle in question to one Yusuf Khan on 20.12.2005 and Yusuf Khan has already been charge-sheeted in this case and is facing trial. The specific finding of the Investigating Agency is that Yusuf Khan was having the ownership and possession of the vehicle in question on the date of the recovery.

In view of the aforesaid discussion, there cannot be any hesitation in coming to a conclusion that the petitioner was neither connected with the vehicle in question nor was he having any control over the vehicle in question on the date of the recovery. Thus, the charge-sheet filed against him for the offence under Sec. 8/25 of the NDPS Act is nothing but an abuse of the process of the Court. Resultantly, this misc. petition succeeds. The proceedings in pursuance to the charge-sheet bearing No. 308-A/2007 dt. 30.12.2007 arising out of FIR No. 208/2006, registered at Police Station Nimbahera, Distt. Chittorgarh for the offence under Sec. 8/25 of the NDPS Act pending in the Court of learned Special Judge, NDPS Act Cases, Chittorgarh against the petitioner-Deep Singh are hereby quashed. Stay petition is disposed of accordingly.