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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRANAY VERMA
Jogiram S/o Shoraram Vishnoi – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. arguments for and against the petitioner (Para 3 , 4) |
| 3. court’s analysis of evidence (Para 5 , 6) |
| 4. application of legal principles regarding admissibility of evidence (Para 7) |
| 5. final decision and order of the court (Para 8 , 9 , 10) |
ORDER :
1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (for short the Code) has been preferred by the petitioner/accused for quashing the FIR No.241/2021, dated 30.06.2021 registered at Police Station – Suvasara, District – Mandsaur and the final charge-sheet filed against the petitioner and the subsequent proceedings pursuant thereto which are in respect of offence punishable under Sections 8 /15, 25 and 29 of the N.D.P.S. Act.
2. As per the prosecution, on 30.06.2021, on receipt of a secret information the co-accused Kherajram was apprehended while he was traveling from Gandhi Sagar to Garoth Shamgarh on Mandsaur highway and total 250 quintal of poppy straw was recovered from his possession which was being transported b y him in a Truck bearing registration No.RJ-14-GC-9893 in 125 bags. Thereafter, his memorandum under Section 27 of the EVIDENCE ACT was reco
The court emphasized the necessity of tangible evidence in criminal cases, ruling that confessions of co-accused cannot solely support a charge without independent corroboration.
A co-accused's confession cannot solely support a conviction without corroborating evidence, as per the principles of admissibility under the Evidence Act.
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 are relevant for investigation but not admissible as evidence; FIRs cannot be quashed at the initial stage based solely on such statements.
The main legal point established is that the absence of evidence connecting the accused with the alleged offence, combined with the lack of recovery from the accused, can justify the quashment of FIR....
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