Honble MITAL, J. – The petitioner Ashwini Kumar has filed this Misc. Petition under S. 482, Cr.P.C. for quashing the F.I.R. No. 198/96, Police Station, Aakola, District Chittorgarh, under Ss. 8/18, 59 (2), Narcotics Drugs and Psyshotropic Substances Act, 1985 (for short `NDPS Act) and investigation proceedings of the aforesaid FIR.

(2). The brief facts for the disposal of the petitioner may be stated as under:–

The petitioner was Sub-Inspector Narcotics Bureau, Chittorgarh. On 29.11.85 along with other staff he saw two persons in a Nala with a she-camel. On being questioned these persons fired and an encounter took place. However, those two persons managed to run away under the cover of darkness leaving behind one auto- matic revolver and a she-camel with three bags containing opium weighing 86 Kg. and 660 grams. The opium was sealed after taking the sample and the petitioner lodged a report at Police Station, Aakola resulting in a case No. 169/85 under Sections 4/9 Opium Act. The contraband articles were deposited by the petitioner in the Malkhana at the Police Station, Aakola on 30.11.85. The accused persons

could not be apprehended and a final report was submitted on 25.3.86 and it

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