IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT PANAJI GOA
N.M. JAMDAR, PRITHVIRAJ K. CHAVAN, JJ.
David Johnson – Petitioner
Versus
State of Goa and Another – Respondents
Cri. W.P. No. 38 of 2018
Decided On : 04-05-2018
Constitution of India - Article 226 - Code of Criminal Procedure, 1973 - section 482 section 156 or 157 - NDPS Act - sections 22(c) and 29 - quashing of an FIR - Illegal possession - Petitioner is a British National who is currently lodged in Judicial Custody - Respondent No. 2 who is a Police Sub-Inspector of Anti Narcotic Cell Police Station, Panaji, pursuant to an information received, conducted a raid between 12.10 hours to 18.00 hours at house and arrested the accused resident of Goa for illegal possession of 75 gms of Methamphetamine and 10 LSD cubes weighing 40 grams alongwith the petitioner, resident of Goa for being in illegal possession of the 17 gms of MDMA and 32 ecstasy tablets weighing 13 gms all approximately worth along with other articles – Held, impugned FIR registered with the Anti Narcotic Cell Police Station Goa relates to an incident which is a part of the same transaction and, therefore, it needs to be quashed and set aside - Aforesaid settled principles of law as well as the ratio laid down by the Supreme Court in the case of Babubhai (supra), the impugned FIR is hereby quashed and set aside which is registered with the Anti Narcotic Cell Police Station, Panaji. However, it is made clear that in view of section 220(1) of the Code, the learned Special Judge is directed to club both the charge-sheets together and the petitioner is directed to face a single composite trial. Needless to say that we have not gone into the merits of the case - Petition is partly allowed. FIR registered with Anti Narcotic Cell Police Station, Goa is quashed and set aside in the light of the above discussion - Petition partly allowed.
PRITHVIRAJ K. CHAVAN, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for petitioner and the respondents.
2. Learned Public Prosecutor waives notice on behalf of the respondents.
3. By this petition, the petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India read with section 482 of Code of Criminal Procedure, 1973 (“Code” for short) seeking quashing of an FIR No. 11/2017 registered with the Anti Narcotic Cell Police Station, Goa.
4. Brief facts, necessary for disposal of the petition can be summarised thus:-
The petitioner is a British National who is currently lodged in Judicial Custody at Colvale Central Jail, Goa. The respondent No. 2 who is a Police Sub-Inspector of Anti Narcotic Cell Police Station, Panaji, pursuant to an information received on 21-3-2017, conducted a raid between 12.10 hours to 18.00 hours at house No. 608/2, St. Anthony Praisa Waddo, Anjuna Bardez Goa and arrested the accused Mohammad Yusuf s/o Bashir resident of St. Anthony Praisa Waddo, Anjuna Bardez Goa for illegal possession of 75 gms of Methamphetamine and 10 LSD cubes weighing 40 grams alongwith the petitioner, resident of Anjuna Bardez Goa for being in illegal possession of the 17 gms of MDMA and 32 ecstasy tablets weighing 13 gms all approximately worth Rs. 5,86,000/- along with other articles.
5. A crime bearing No. 9/2017 under sections 22(c) and 29 of NDPS Act came to be registered with Anti Narcotic Cell Police Station. The petitioner alongwith other accused was arrested and remanded to Police Custody.
6. While the petitioner was in the police custody on 23-3-2017, it is contended that pursuant to an information given by the petitioner himself regarding concealment of some more narcotic drugs at the rented house which is owned by one Mr. Victor D’Souza at Gavwadi, Anjuna, Bardez Goa, the respondent No. 2 conducted another raid by obtaining necessary permissions from his superiors and found the petitioner in illegal possession of 20 gms of MDMA, 40 gms of DMT, 30 gms of LSD liquid, a passport of United Kingdom of Great Britan and Northern Ireland bearing No. 111922853 issued in the name of the petitioner along with cash of Rs. 3,000/- and 45 pounds.
7. All the contrabands found in possession of the petitioner were duly attached under the panchanama which was marked Exh.I, Exh.II, Exh.III and Exh.IV.
8. The impugned FIR, therefore, came to be registered by the respondent No. 2 against the petitioner on 24-3-2017 bearing No. 11/2017 for the offence punishable under section 22(c) of the NDPS Act, 1985.
9. The narcotic substances were sent for chemical analysis to the Central Forensic Science Laboratory, Hyderabad on 20-7-2017. After investigation, the respondent No. 2 laid a charge-sheet in the Court of Sessions Judge Panaji on 16-9-2017. The respondent No. 2 has also filed a charge-sheet in connection with the first FIR bearing No. 9/2017 in the same Court.
10. Being aggrieved with the registration of two FIRs and consequently filling of two charge-sheets by the respondent No. 2, which according to the petitioner is nothing but a continuation of the investigation carried out in the FIR No. 9/2012, present petition has been filed.
11. We have heard Mr. Narendra Jain, learned Counsel for the Petitioner and Mr. S. R. Rivankar, learned Public Prosecutor for the respondents. With the assistance of the learned Counsel for the Petitioner, we have gone through the impugned FIR as well as FIR (in Crime No. 9/2017) and charge-sheets filed against the petitioner by the respondent No. 2.
12. It is argued by the learned Counsel for the petitioner that pursuant to the registration of FIR No. 9/2017, investigation has been carried out and during the same investigation the impugned FIR came to be registered against the petitioner which is nothing but an extension of facts of the first FIR and, therefore, subsequent FIR No. 11/2017 needs to be quashed and set aside. It is
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