Prabhulal vs Union Of India And Ors

This petition has been filed under Section 482 Cr.P.C. for quashing of proceedings of Sessions Case No.27/2015, pending before the Court of

Special Judge (NDPS Cases), Jhalawar (Raj.) under Section 8/19 and 8/26 of the NDPS Act, 1985.

Heard learned counsel for the petitioner and perused the material made available on record.

Learned counsel for the petitioner submits that the petitioner-accused was granted the licence for cultivation of opium and due to bad weather in the

area, the entire crop of opium was damaged, still this case has been registered in utter violation of the Rules 17 & 18 of NDPS Rules and non

compliance of Section 23 of NDPS Act. Thus, prosecution is bad in law, the proceedings deserves to be quashed.

Without expressing any opinion on merits of the case, suffice it say that in the complaint itself, all necessary ingredients of the offence in question

have been detailed out and prima facie, the petitioner has been found guilty of embezzlement of 24.160 kg of opium. Thus, it cannot be said that the

allegations made in the complaint, taking on its face do not constitute the offence in question. The petitioner is free to putforth all his factual or legal

objections before the trial Court which shall be dealt with at appropriate stages, in accordance with law. Therefore, no case is made out for quashing

of the proceedings of the impugned complaint.

As a result, the petition is dismissed.