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IN THE HIGH COURT AT CALCUTTA
APURBA SINHA RAY
Kajim Sk. @ Khajim Sekh @ Khajim Seikh – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. petition for quashing ndps case (Para 1) |
| 2. arguments on lack of evidence against the petitioner (Para 2 , 5 , 6) |
| 3. legal precedents relevant to the case (Para 3 , 4 , 10) |
| 4. court's caution in quashing proceedings (Para 7 , 8 , 9 , 14) |
| 5. importance of verified evidence in investigations (Para 11 , 12 , 13) |
| 6. proceedings quashed due to lack of evidence (Para 15) |
| 7. conclusion and order of the court (Para 16 , 17) |
Judgment :
Apurba Sinha Ray, J.
1. By this application under Section 482 of Cr.P.C., the petitioner Kajim Sk. has prayed for quashing of the NDPS Case No. 35 of 2024 corresponding to GR Case No. 1591 of 2010 arising out of Jalangi Police Station Case No. 308 of 2010 dated 15.05.2010 under Sections 379 /411/413/414 of the INDIAN PENAL CODE and Section 27 (a)(6)(ii) of the Drugs and Cosmetics Act, pending before the Learned Judge, Special Court under NDPS Act cum-ADJ, 5th Court, Berhampore, Murshidabad including the order dated 02.09.2010 passed by the Learned Chief Judicial Magistrate, Murshidabad and all subsequent orders passed thereto.
2. Mr. Das Mahapatra has submitted that on the basis of a suo moto complaint of one Sujoy Roy Assistant Sub-Inspector of Pol
The court quashed the narcotics case against the petitioner due to lack of material evidence linking him to the offense and long delays in executing arrest warrants, which constituted an abuse of the....
Statements of co-accused, while inadmissible at trial, are relevant for guiding initial investigations, and FIRs cannot be quashed solely on this basis.
Statements of co-accused can guide investigations and cannot be dismissed at the pre-trial stage; FIRs should not be quashed unless no cognizable offence is disclosed.
Statement of co-accused is relevant under Section 10 of Evidence Act for the purpose of carrying out further investigation – At initial stage of registration of FIR and starting of investigation on t....
Statements of co-accused can be used as clues for investigation; quashing FIR at initial stage is not permissible.
Statements of co-accused, while inadmissible at trial, can guide initial investigations and do not warrant quashing of FIRs at the preliminary stage.
Statements of co-accused are relevant for investigation but not admissible as evidence; FIRs cannot be quashed at the initial stage based solely on such statements.
Co-accused statements are relevant for investigation but inadmissible as evidence; FIR cannot be quashed at the initial stage based solely on such statements.
The court affirmed that the inherent powers under Section 482 of the CrPC should be exercised sparingly, emphasizing that acquittal of a co-accused does not automatically warrant quashing proceedings....
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