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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Naveen Bansal S/o Shri M.P. Bansal – Appellant
Versus
State (GNCTD) – Respondent
| Table of Content |
|---|
| 1. overview of fir and preliminary facts (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. petitioner's claims of collusion and threats (Para 8 , 9 , 10) |
| 3. allegations regarding charges and jurisdiction issues (Para 11 , 12 , 13 , 14) |
| 4. procedural concerns regarding cognizance (Para 15) |
| 5. involvement of spurious drugs and defense claims (Para 17 , 18) |
| 6. state's arguments and evidence presented (Para 19 , 20 , 21 , 22 , 23 , 28) |
| 7. jurisdictional challenges raised by the petitioner (Para 24 , 25 , 26) |
| 8. investigatory powers of police vs. drug inspector (Para 30 , 31 , 32 , 33 , 34 , 35) |
| 9. determination of jurisdiction for charges filed (Para 39 , 40 , 41 , 42 , 43 , 44) |
| 10. final directions and conclusion of the court (Para 53 , 54 , 55) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Petition under Section 482 Cr.P.C. has been filed on behalf of the Petitioner seeking quashing of FIR No.74/2018 dated 16.03.2018 under Section 420 /468/471/120B IPC and Section 18 (A)(1)/18(C)/27(B)(II)/27(C) of Drugs and Cosmetics Act, 1940 registered at Police Station Crime Branch, Delhi along with the Charge Sheet dated 12.06.2018 and Supplementary Chargesheet dated 19.02.2019.
2. Briefly stated, FIR No. 74/2018
Police cannot prosecute for offences under the Drugs and Cosmetics Act; jurisdiction lies with designated authorities leading to invalid charges filed in sessions court.
The main legal point established in the judgment is the limitation on police powers to register an FIR for offences under Chapter IV of the Drugs and Cosmetics Act, 1940, as specified in Section 32 o....
The court ruled FIRs valid under narcotics laws due to evidence of drug trade violations, establishing sufficient grounds for investigation under multiple legal acts.
Unauthorised sale of drugs and violation of license conditions – Section 468 of Cr.P.C. is not applicable.
The main legal point established in the judgment is the restriction on police officers from prosecuting offenders and investigating cases under the Drugs and Cosmetic Act, 1940, as per the provisions....
Point of law: Quash of Criminal proceedings –Rejected - Disputed question of facts to be raised before trial court -
Police cannot register FIR or investigate cognizable offences under Chapter IV of Drugs & Cosmetics Act; authority vests with Drugs Inspectors. Proceedings quashed qua Drugs Act offence but continued....
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