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BOMBAY HIGH COURT
Bharati Dangre and Manjusha Deshpande, JJ.
Mamta Mukund Kulkarni – Petitioner
versus
State of Maharashtra – Respondent
Criminal Writ Petition No.5427 of 2018
Decided on 22.7.2024
Counsel for the Parties:
For the Petitioner: Mr. V.M. Thorat a/w Mr. M.V. Thorat and Amar Bodke
For the Respondent-State: Dr. Ashvini Takalkar, APP
IMPORTANT POINT
Power of High Court, which is inherently saved under Section 482 of Criminal Procedure Code, can be exercised, when it is found that there is abuse of process and its exercise is to secure justice.
Headnote:
Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8(c), 9(a), 22, 23, 24, 25(a), 27(a), 28 and 29 – Criminal Procedure Code, 1973 – Section 482 – Constitution of India – Article 226 – Seizure of Ephedrine – Impleadment of Petitioner as accused – Petitioner hails from entertainment industry – Mere presence of Petitioner in one of meetings, even by accepting material as what is reflected in charge-sheet would definitely not be sufficient for sustaining conviction under the provisions which are invoked in charge-sheet – In charge-sheet there is no material to demonstrate that discussion that took place in meeting about transfer/purchase of shares in her name and making Director of Company, was ever given effect to – Power of High Court, which is inherently saved under Section 482 of Criminal Procedure Code, can be exercised, when it is found that there is abuse of process and its exercise is to secure justice – Material collected even on being accepted in entirety, do not prima facie constitute any offence against Petitioner – Continuation of prosecution against Petitioner would be nothing short of abuse of process of Court – FIR qua Petitioner quashed. (Paras 11, 12, 13 and 14)
Result: Writ Petition allowed.
JUDGMENT
Bharati Dangre, J.—The present Writ Petition is filed by the Petitioner who is arraigned as accused No.17 in CR No.II3056/2016, registered with Vartak Nagar Police Station, Thane, invoking offence under Section 8(c) , 9(a), 22, 23, 24, 25(a), 27(a), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The Petition being filed under Article 226 of the Constitution of India, seek quashment of the above FIR on the ground that there is no material justifying impleadment of the Petitioner as an Accused and by no stretch of imagination can she be held vicariously liable for the act committed by the co-accused in the aforesaid crime.
The Petitioner assertively claim that even if the entire chargesheet, which is filed on completion of investigation of the subject CR is perused, there is no iota of evidence against her, prima facie indicating towards her guilt for the offences under the NDPS Act and, therefore, if the proceedings are continued against her, it would amount to grave injustice and would result in abuse of process of law.
2. We have heard the learned counsel Mr. V.M. Thorat for the Petitioner alongwith Mr.M.V. Thorat and Dr. Ashvini Takalkar, the learned APP for the State. Since the charge-sheet is filed in the present case, we have also perused the same and though the charge sheet runs into numerous pages, we have been taken through relevant material in the chargesheet, which pertain to the Petitioner.
3. The Petitioner hails from entertainment industry and claims to have worked as an actress in 50 Bollywood films and also claims to be part of various commercials.
At the outset the Petitioner has categorically admitted that she is acquainted with Vicky Goswami, one of the co-accused in the aforesaid NDPS case i.e. the subject FIR.
4. Perusal of the charge-sheet reveal that the subject complaint was filed by Mahadeo Chabukswar, Constable working with NDPS Department of Crime Branch, alleging that on 12.04.2016, a secret information received from Sr. PI of the Police Station was passed on to him regarding Sale and Purchase of Ephedrine, a controlled substance and the vehicle, number of which was also provided, was carrying Ephedrine powder on a particular route and the same was likely to be sold in the city of Thane.
Upon the information received, by following necessary procedure in that regard, including the arrangement for two panchas and collection of necessary material for the purpose of sealing, labeling and endorsing alongwith the weighing machine and drug detection kit, the complainant alongwith whole squad approached the spot of detection.
The trap yielded success as accused one Sagar and Mayur were found in possession of 1 Kg crystal powder and a cash amount. The seized material was tested with the help of drug detection kit and it was confirmed that it was Ephedrine. The two accused persons Sagar and Mayur came to be arrested and pursuant to the registration of the crime, 10 more accused persons came to be arrested, whereas, 7 were shown to be absconding/wanted.
As far as involvement of the present Petitioner is concerned, the prosecution has alleged in the charge-sheet that Accused No.6 Manoj Jain, Accused No.10 Jay Mukhi and wanted accused Vicky Goswami with whom the Petitioner was acquainted and one Kishor Rathod and Dr.Abdulla alongwith two associates had a meeting in Hotel Bliss in Mubasa, Kenya in the month of January, 2016 and as per the prosecution conspiracy was hatched by the aforesaid accused, in pursuance of which the Ephedrine powder which was lying in Avon Life Science Company at Solapur, would transported to Kenya for the purpose of manufacturing Methamphetamine out of the Ephedrine powder, to be sold throughout the world by the accused Vicky Goswami and Dr. Abdulla, for their personal benefit.
It is further alleged that, as per the conspiracy, Accused No.5 Punit Shringi and Accused No.10 Jay Mukhi smuggled 100 kg. Ephedrine powder from Avon Life Science Company at Solapur
