Oparam S/O Mangnaram Vishnoi vs State Of M.P

Pranay Verma, J

The petitioner has invoked extra ordinary powers of this Court conferred under Section 482 of the Cr.P.C. asserting that he is being prosecuted only on the basis of totally inadmissible evidence i.e. confessional/disclosure statement made by the co-accused to the Police under Section 27 of the Evidence Act, which is blatant infringement of his fundamental right and cannot be allowed to continue, therefore, his prosecution be quashed.

Learned counsel for the petitioner submits that co-accused Dinesh Joshi had preferred M.Cr.C. No.43345/2019 before this Court, which was allowed by order dated 25.02.2020; wherein the prosecution against him was quashed by holding that the information given or disclosure made by the accused to the Police, which does not lead to any recovery is not inadmissible in evidence against the co-accused and on the basis of such inadmissible evidence the prosecution is an abuse of process of law.

Counsel for the petitioner submits that the case of the present petitioner is also similar to that of co-accused Dinesh Joshi. The said accused Dinesh Joshi was allegedly the person from whom the co-accused persons had purchased the liquor/contraband; whereas present petitioner is the person to whom they were allegedly going to deliver the same. He submits that his case being similar, prosecution against him also deserves to be quashed.

Counsel for the respondent/State submits that the petitioner is the person to whom the contraband was to be delivered, hence, his case would be different then that of co-accused Dinesh Joshi as he was the person from whom the said contraband had been purchased.

In the order dated 25.02.2020, it has been specifically held that information given or disclosure made by the accused to the Police, which has not lead to any recovery is not admissible in evidence against the co-accused and on the basis of such inadmissible evidence prosecution is an abuse of process of law. In the present case also recovery has been made from the petitioner on the information/disclosure made by the co-accused persons. The petitioner is not the owner of the vehicle, which was found to be carrying/transporting the contraband. No other evidence to connect the petitioner with the alleged crime has been collected during investigation, therefore, the petition is allowed and the proceeding pending against the petitioner herein before the Trial Court is hereby quashed. Petitioner is acquitted from the charges leveled against him. His bail bonds, if furnished, shall stand discharge. Petition is accordingly allowed and disposed of.

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