- (1.) The petitioner Ashwini Kumar has filed this Misc. Petition under S. 482, Cr. P. C. for quashing the FIR No. 198/96, Police Station, Aakola, District Chittorgarh, under Ss. 8/18, 59(2), Narcotics Drugs and Psyshotropic Substances Act, 1985 (for short 'NDPS Act') and investigation proceedings of the aforesaid FIR.
(2.) The brief facts for the disposal of the petitioner may be stated as under : The petitioner was Sub-Inspector Narcotics Bureau, Chittorgarh. On 29-11-85 along with other staff he saw two persons in a Nala with a she-camel. On being questioned these persons fired and an encounter took place. However, those two persons managed to run away under the cover of darkness leaving behind one automatic revolver and a she-camel with three bags containing opium weighing 86 kg. and 660 grams. The opium was sealed after taking the sample and the petitioner lodged a report at Police Station, Aakola resulting in a case No. 169/85 under Sections 4/9 Opium Act. The contraband articles were deposited by the petitioner in the Malkhana at the Police Station, Aakola on 30-11-85. The accused persons could not be apprehended and a final report was submitted on 25-3-86 and it was accepted by Judicial Magistrate, Kapasan and ordered to deposit the seized opium with the excise officer, Udaipur on 30-1-87, these sealed bags were taken to excise officer, Udaipur who found that the opium was adulterated with the smell of goorh. He refused to accept the bags and it were again deposited in the malkhana of Aakola Police Station. An inquiry was conducted and samples were taken in the Court of Judicial Magistrate and got analysied by FSL. The chemical examination revealed that the article contained a very less morphine. A case FIR No. 82/93 was, therefore, registered against the petitioner and other officials on 2-5-93 under Ss. 409, 420 and 120 (B), IPC and a challan was submitted on 15-5-1995, and Criminal case No. 6/95 is pending before the learned Judicial Magistrate, Kapasan.
(3.) Dy S. P. Pratapgarh submitted an application on 18-7-1996 before the learned Judicial Magistrate that the S. P., Chittorgarh has directed for further investigation in the matter by adding offence of 8/18 NDPS Act and Section 218 IPC in the earlier FIR No. 82/93 and therefore, the petitioner should be given to police for investigation. The learned Judicial Magistrate rejected this petition on 20-7-96. The petitioner was on bail in the criminal case No. 6/95 (FIR No. 82/93), an application was submitted by the prosecution for cancellation of bail which was dismissed by learned Additional Sessions Judge No. 1, Chittorgarh. The said application was filed on the ground that the offences under NDPS Act have been added and investigation is proceeding for the offences against the petitioner and therefore, the bail should be cancelled. In the above circumstances, on the dismissal of the application for cancellation of bail in criminal case No. 6/95 (FIR No. 82/93), the police registered a fresh FIR No. 198/96 at Police Station, Aakola under the offence of NDPS Act and wants to arrest the petitioner under that FIR to keep a petitioner in the Police custody. Aggrieved by the said FIR the petitioner has come up through this Misc. Petition praying for quashing the FIR No. 198/96.;