Krishnapalsingh vs State Of Madhya Pradesh

This petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'The Code'), has been preferred for quashment of F.I.R bearing Crime No.218/2019 dated 02/06/2019 registered against the applicant at Police Station - Pipliya Mandi, District Mandsaur for offence punishable under Sections 8/15, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, the subsequent Final Report No.264/2019 dated 30/07/2019 and the criminal proceedings pending in the Court of Special Judge, Mandsaur, District Mandsaur.

The facts of the case, briefly stated, are that on 01/06/2019, police received a source information from informant that one Somdev Gurjar is transporting poppystraw in three plastic bags in his tractor trolley from village Saimli Kakrai and he is going towards Pipliya Mandi. Thereafter, Police prepared necessary punchnama, called two independent witnesses and reached the spot. After some time as per the information, Police force saw one tractor trolley is coming from village Saimli Kakrai and intercepted the vehicle. On being trapped, the driver of the vehicle tried to escape from the spot, however, the police force rounded & caught hold of him, thereafter on being enquired he informed his name as Somdev. After complying with necessary formalities, police searched the driver, but nothing was recovered from his possession. During search of the vehicle, police found three black plastic bags containing grinded poppy straw. Total quantity of 45 Kgs of poppy straw was recovered from the tractor. Thereafter, Police registered FIR bearing crime No.0218/2019, arrested Somdev, and recorded his statement under Section 27 of the Indian Evidence Act, in which he deposed that he purchased 15 kgs of poppy straw (1 plastic bag) from Mohansingh and balance 30 kgs of poppy straw (2 plastic bags) from the present applicant Krishnapalsingh. On the basis of his disclosure statement the present applicant and co-accused Mohansingh were arrested. After completion of investigation charge sheet has been filed against the applicant and other accused persons for the aforesaid offence.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present matter. It is further submitted that the applicant was neither present on the spot, nor any contra-band has been recovered from his possession. The applicant is not the owner of the vehicle. The complicity of the applicant is alleged only on the basis of the disclosure statement of co-accused Somdev, recorded under Section 27 of the Indian Evidence Act, 1872 (for short 'The Act'), in which he deposed that he purchased the alleged contraband from the present applicant and co-accused Mohansingh. However, no fact as such could be discovered on the basis of the aforesaid statements, therefore, there is no legally admissible evidence within the meaning of Section 27 of 'The Act' amounting to discovery of fact. Apart from this there is no other evidence available on record to connect the applicant with the present crime. The contention is that in the absence of any legally admissible evidence, F.I.R bearing Crime No.218/2019 dated 02/06/2019 registered against the applicant at Police Station - Pipliya Mandi, District Mandsaur for offence punishable under Sections 8/15, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, the subsequent Final Report No.264/2019 dated 30/07/2019 and the criminal proceedings pending in the Court of Special Judge, Mandsaur, District Mandsaur qua the applicant deserves to be quashed because the prosecution under such premises will amount to sheer harassment of the applicant.

Per contra, the learned Public Prosecutor supported the impugned order and prayed for rejection of this petition.

I have heard learned counsel for the parties and perused the record.

From the perusal of the material available on record, it appears that the applicant was not named in the F.I.R and no contraband has been recovered from his possession. Neither he was the owner of the vehicle nor he was present in the vehicle at the time of the alleged incident. He was not apprehended from the spot. He was implicated in the present matter only on the basis of disclosure statement of co-accused Somdev, recorded under Section 27 of 'The Act', in which he deposed that he purchased the alleged contraband from the present applicant and Mohansingh.

The memorandum of co-accused is nothing except a confessional statement given before the police officials, which is not admissible under Section 25 of 'The Act' . Apart from this the prosecution has not produced any evidence to show that the applicant was involved in the present crime.

Section 27 of 'The Act', in terms, provides that only that information which distinctly relates to the discovery of fact is admissible in evidence. In the landmark decision of Privy Council in the case of Pulukuri Kottaya vs. Emperor, AIR 1947 P.C. 67, it has been held that unless there is discovery of fact, statement made u/S. 27 of 'The Act' has no evidentiary value. It has further been held that in a case, it can seldom happen that information leading to discovery of a fact can be made, the foundation of the prosecution case because it is one link in the chain of proof and the other links must be forged in the manner allowed by law.

As there is no legally admissible evidence against the applicant so as to connect him with the alleged offence, therefore, in view of the mandates of the apex Court in the case of State of Haryana & Ors., v. Ch. Bhajan Lal & Ors JT 1990(4) S.C. 650, considering the fact that the evidence collected in support of the allegation made against the applicant do not disclose commission of alleged offence or make out case against him, it would be appropriate to quash the F.I.R and the subsequent Final Report in the aforesaid matter qua applicant.

Accordingly, the petition is hereby allowed and F.I.R bearing Crime No.218/2019 dated 02/06/2019 registered against the applicant at Police Station - Pipliya Mandi, District Mandsaur, for offence punishable under Sections 8/15, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, the subsequent Final Report No.264/2019 dated 30/07/2019 and the criminal proceedings pending in the Court of Special Judge, Mandsaur, District Mandsaur, against the applicant are hereby quashed.

Certified copy as per Rules.