The court found no merit in the petition challenging the validity of the FIR based on procedural grounds and evidence presented.

Order on Board

Per Ramesh Sinha, Chief Justice

6.8.2025

1. Heard Mr.Ravikar Patel, learned counsel for the petitioner as well as Mr.S.S.Baghel, learned Deputy Government Advocate appearing for respondents No.1 to 9/State.

2. The present writ petition has been filed by the petitioner with the following prayers :-

“10.1 That this Hon'ble Court may kindly be pleased to call the entire record and CCTV footages related to this crime number for kind perusal of this Hon'ble Court.

10.2 That this Hon'ble Court may kindly be pleased to issue a writ(s), order(s), direction(s) for quashing the FIR No. 415/2025 dated 07.05.2025 registered at Police Station Khamtarai, District Raipur (C.G.) to the extent it relates to the petitioner.

10.3 That this Hon'ble Court may kindly be pleased to direct to the State for grant of monetary compensation to the petitioner for his illegal arrest.

10.4 That this Hon'ble Court may kindly be pleased to direct the State to prosecute the police personnel, who are involved in this false investigation.

10.5 That, this Hon'ble Court may kindly be pleased to grant any other relief to the petitioner which this Hon'ble Court may deem fit & appropriate as per the facts & circumstances of the present case.”

3. Facts of the case are that Police Station Khamtarai, Raipur (C.G.) lodged an FIR in Section 21 (C) of the Narcotics Drugs and Psychotropic Substance Act , 1985 bearing FIR No. 415/2025 at about 15:29 hours, dated 07.05.2025 alleging that they arrested the petitioner and two other persons from the Main Road, in front of Khamtarai Police Station with total 120 banned Narcotics Syrup. The clause-3(a) of FIR, it is categorically mentioned, the place, time & date of the occurrence of offence. Copy of the FIR No. 415/2025 dated 07.05.2025 is filed herewith as Annexure P/1, but the joint team of Police and Anti Crime & Cyber Unit Raipur had catched the petitioner before the date of FIR i.e. 06.05.2025 at Near Durga Mandir, Main Road Shrinagar, Raipur at about 13:45 hours, which is 4 to 5 kilometer away from the Police Station Ganj and Police Station Khamtarai. In the FIR, the police mentioned that they got information from the police informer and they constitute a police team in Khamtarai Police Station with government vehicle Bolero bearing No. CG 03 A- 0273 and going to the checking of persons in Main Road of Bhanpuri-Raipur.

4. The police officers suddenly seen that some persons who are in motorcycle and scooty coming from Bhanpur to Raipur in Main Road. Thereafter, police personnels stopped them in front of Police Station Khamtarai and on checking their motorcycle and scooty, the police found that they were travelled with 120 bottles Narcotic Syrup, so the police asked to produce the valid documents of the banned Narcotics Syrup, but the petitioner cannot show any documents. The police arrested them and made a seizure memo from all three persons. In the FIR, it is mentioned that on the spot, 29 bottles from Ravi Tamer, 40 bottles from Rakesh Pancheshwar, which was seized from motorcycle and 41 bottles from present petitioner, which was seized from Activa bearing No. CG 04 NB 5699 and police arrested all three persons and sent to the jail.

5. On the information of police, the parents of the present petitioner went to the Police Station Ganj for getting information about the present petitioner. When the present petitioner was in the lockup of Ganj Police Station, he told to his parents that police falsely arrested the present petitioner and he told that the place of the arrest, there are several CCTV camera mounted in various shops, so they went to the shops an