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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
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 recorded, in which he stated that the petitioner and other co-accused had approached him for the purpose of transportation of the contraband. On the basis of the said memorandum the petitioner has been implicated for the present offence and the charge-sheet has been filed against him before the Court c
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....
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, while inadmissible at trial, can guide initial investigations and do not warrant quashing of FIRs at the preliminary stage.
A memo prepared under section 27 of the Evidence Act cannot be the sole basis for prosecution; corroborative evidence is necessary to establish a connection to the offense.
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