Mamta Mukund Kulkarni VS State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BHARATI DANGRE, MANJUSHA DESHPANDE
Mamta Mukund Kulkarni – Appellant
Versus
State of Maharashtra – Respondent

Advocates:
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

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 lear