PATNA, India, June 18 -- Patna High Court issued the following judgment on June 16:
1. Heard learned counsel appearing on behalf of the parties.
2. The present petition is being filed on behalf of the petitioner for quashing of FIR dated 12.10.2023 in Saharsa Sadar P.S. Case No. 722 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Excise and Prohibition(Amendment) Act, 2022 and 46/47 of the Jail Manual Act, 1894.
3. Learned counsel for the petitioner submitted that the seizure list which is the part of the FIR is not supported by CCTV footage. It is submitted that after checking on person, petitioner allowed to entered into the jail premises, where he works as data entry operator and therefore, false implication out of ulterior and oblique motive cannot be denied. It is submitted that FIR was not lodged under provision of NDPS Act.
4. Learned APP appearing on behalf of the State submitted that the petitioner apprehended in jail with 115 grams of Ganja along with 159 grams of tablet of prohibited drugs. It is submitted that the photograph annexed with FIR itself approved the allegations on its face. It is submitted that fault in investigation cannot be looked into at this stage.
5. Considering aforesaid factual submissions and by taking note of fact as petitioner found prima-facie in possession of narcotics drugs and also prohibited tablets inside jail, where he works as data entry operators the present quashing petition appears devoid of any merit, accordingly, same stands dismissed.
6. Let copy of this judgment be sent to learned trial court forthwith.
Disclaimer: Curated by HT Syndication.
