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SWARANA KANTA SHARMA
Akash Verma – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") seeking quashing of FIR bearing no. 108/2021, registered at Police Station Lodhi Colony, South District, New Delhi, for the offences punishable under Sections 420/188/120B/34 of the Indian Penal Code, 1860 ("IPC") read with Section 3 of Epidemic Diseases Act, 1897 ("E.D. Act") and read with Sections 3(7) of the Essential Commodities Act, 1955 ("E.C. Act").
2. The brief facts of the present case, as per prosecution, are that on 25.04.2021 at around 7:30 p.m., ASI Prakash had received secret information through one source that two persons, namely Akash Verma, i.e., the petitioner and co-accused Likhit Gupta will be present at India Habitat Center, Lodhi Colony, New Delhi, at around 8:30 p.m. in a Honda City Car, Golden Brown in colour, bearing number DL 4 CAZ 8788, and if a raid is conducted, the said accused persons can be caught possessing Remdesivir Injections. Upon receiving the information, a raiding team was formed and was deployed at the spot. The aforesaid car was stopped, in which the petitioner was found driving the vehicle, a
The court applied the principles governing quashing of FIRs and held that it would be premature to quash the FIR at this stage, and the cognizance of the offence is yet to be taken by the Trial Court....
The prosecution must prove each element of the charged offences; mere possession of medication during a public health crisis is not sufficient for liability under IPC or related statutes.
A public servant's complaint is mandatory for prosecuting under Section 188 IPC, and the prosecution must prove intent and action for charges under Section 420 IPC.
The police lacked authority to investigate and seize under the Drugs and Cosmetics Act, rendering the FIR invalid due to absence of essential elements of the alleged offences.
The object of bail is to secure the presence of the accused at the trial and to ensure that the evidence is not tampered with and the witnesses are not threatened.
Point of Law : Right of inquiry by police is conditioned by the existence of reason to suspect the commission of a cognizable offence and they cannot, reasonably, have reason to suspect unless the F.....
The court ruled that proceedings against the accused were unsustainable due to lack of essential legal elements and failure to comply with mandatory complaint procedures as per law.
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