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CDJ 2025 BHC 2063
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| Court : High Court of Judicature at Bombay |
| Case No : Criminal Writ Petition No. 4764 of 2024 |
| Judges: THE HONOURABLE MRS. JUSTICE REVATI MOHITE DERE & THE HONOURABLE MR. JUSTICE SANDESH D. PATIL |
| Parties : Harsh Anil Singh Versus The State of Maharashtra, Through Samta Nagar Police Station, Mumbai & Another |
| Appearing Advocates : For the Petitioner: Shravan Giri a/w Sachin Gosai, Advocates. For the Respondents: R1, Gauri S. Rao, A.P.P., Amol Tanpure, Advocate. |
| Date of Judgment : 19-12-2025 |
| Head Note :- |
Narcotic Drugs & Psychotropic Substances Act - Sections 8(c) & Section 27 -
Comparative Citation:
2025 BHC-AS 57517, |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Narcotic Drugs and Psychotropic Substances Act
- Sections 8(c) and 27
2. Catch Words:
Quashing, FIR, Chargesheet, Narcotics
3. Summary:
The petitioner, a 19‑year‑old B.Tech student, filed a petition seeking quashment of FIR No. 538 of 2023 and the accompanying chargesheet for alleged offences under Sections 8(c) and 27 of the Narcotic Drugs and Psychotropic Substances Act. The prosecution’s case relied on the observation of a police informant who claimed the petitioner was smoking a contraband cigarette, but no cigarette was seized, no forensic or CA report was produced, and no blood test was conducted. The court found no material evidence to substantiate the alleged consumption of narcotics. Consequently, the FIR, chargesheet, and the pending criminal proceeding (C.C. No. 1707846 of 2023) were deemed baseless and were quashed. The rule was made absolute, and the petition was disposed of accordingly.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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Oral Judgment:
Revati Mohite Dere, J.
1. Heard learned Counsel for the parties.
2. Rule. Rule is made returnable forthwith with the consent of the parties and the Petition is taken up for final disposal. Learned A.P.P. waives notice on behalf of the Respondent Nos. 1 and 2.
3. By this Petition, the Petitioner seeks quashing of the FIR registered vide C.R.No. 538 of 2023 with the Samta Nagar Police Station, Mumbai for the alleged offences punishable under Sections 8(c) and 27 of the Narcotic Drugs and Psychotropic Substances Act; Chargesheet; and the Proceeding pending before the learned Metropolitan Magistrate 17th Court, Borivali, Mumbai, being C.C. No. 1707846 of 2023.
4. Learned Counsel for the Petitioner states that, there is no iota of evidence in the Chargesheet, pointing to the complicity of the Petitioner. He submits that neither was the cigarette which the petitioner was allegedly smoking seized nor the blood report of the Petitioner taken nor there is a C.A. report to suggest that the Petitioner had consumed a narcotic substance.
5. Learned A.P.P. opposed the Petition.
6. Perused the Petition / papers. The Petitioner is a student aged 19 years, studying B.Tech -Electronics and Communication Engineer.
7. According to the prosecution i.e. original complainant, the incident took place on 11.08.2023. The First Informant has alleged that whilst patrolling at about 20:15 hrs. when he went to the parking area of the building Raheja Reflection, Thakur Village, Kandivali, Mumbai he found one person sitting in the corner smoking cigarette. He has stated that the said cigarette looked like it contained a contraband, pursuant to which, he called two panchas and informed the Senior P.I. performing the day duty. Accordingly, the panchanama was drawn. According to the first informant, the Petitioner had in his hand a small piece of cigarette. It appears that thereafter, the first informant took him to a government hospital and thereafter, the Petitioner was arrested. On the very same day the police enlarged the Petitioner on bail on accepting surety and P.R. Bond.
8. Admittedly, the cigarette which the Petitioner was allegedly consuming was not recovered, as a result of which, the same could not be sent to the C.A. There is no blood report of the Petitioner to show that he had consumed Ganja. Infact, there is nothing on record to show that the Petitioner was smoking or consuming Ganja.
9. In this view of the matter and considering the aforesaid facts, no offence as alleged against the Petitioner is disclosed. Accordingly C. R. No. 538 of 2023 registered with the Samta Nagar Police Station, Mumbai for the alleged offences punishable under Sections 8(c) and 27 of the Narcotic Drugs and Psychotropic Substances Act and consequently, the Chargesheet and the proceeding pending before the learned Metropolitan Magistrate 17th Court, Borivali, Mumbai in C.C. No. 1707846 of 2023 are hereby quashed and set aside.
10. Rule made is absolute on the aforesaid terms.
11. Petition is disposed of accordingly.
12. All concerned parties to act upon an authenticated copy of this Order.
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