An FIR cannot be quashed at the threshold when the allegations involve disputed questions of fact or are based on a co-accused's disclosure statement that requires corroboration during trial, as such proceedings do not constitute an abuse of the process of law.

RAJESH BHARDWAJ, J.

1. Present petition has been filed praying for quashing of FIR No.242, dated 09.10.2025, under Sections 21(c), 29, 61, 85 of NDPS Act , registered at Police Station Tanda, District Hoshiarpur along with all subsequent proceedings arising therefrom including the challan dated 01.04.2026 qua the petitioner. Further prayer has been made for staying the further proceedings arising out of the FIR during the pendency of the present petition.

2. Succinctly, the facts of the case are that the police party while on patrolling on 09.10.2025 at T-point near village Manpur Mor on the road leading to village Talwandi Sallan, they saw a silver Toyota Innova car coming from the side of village Talwandi Sallan. On seeing the barricading, the said vehicle was stopped and driver of the car tried to reverse the same, however the car got stuck in a dirt pit on the roadside and stopped. Three young persons sitting in the car, who alighted from the said car and tried to ran away from the spot, however, all were apprehended by the police party. On asking, they disclosed their names to be Balwinder Singh @ Vadda, Jashandeep Singh @ Jashan and Balbir Khan. They were suspected to be carrying some contraband in the car and thus, search of the Innova car was conducted. On conducting the search of the car, a black coloured polythene packet from the dashboard of the car was recovered, in which two yellow coloured parcels were there. On conducting the search of those parcels, heroin was recovered. They failed to produce any licence regarding the conscious possession of the same, thus, the FIR was registered and all three accused were arrested on the spot. The samples taken were sent to the FSL. On receipt of the FSL report, the contraband recovered was found to be 1 Kg 100 grams of heroin. On registration of the FIR, the investigation commenced. During the investigation, complicity of the petitioner surfaced on the basis of disclosure statement of Jashandeep Singh @ Jashan and thus, he was also arrayed as an accused in the present case. Hence, the petitioner has approached this Court by way of filing the present petition praying for the quashing of FIR.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely and frivolously implicated in the present case on the basis of false and concocted story. He has submitted that the petitioner has been roped in the present case only on the basis of disclosure statement of co-accused, which in itself is not even an admissible evidence. He has submitted that neither the petitioner is named in the FIR nor any recovery has been effected from him. He has further submitted that the petitioner in his disclosure statement has given two bank account numbers and on investigation, it has been revealed that those accounts belong to third party, namely, Dilraj Singh and Raju Singh and thus, no connection whatsoever has been established between the petitioner and those accounts. He has submitted that there is no transaction which linked the petitioner to the alleged crime. He has submitted that the investigation is complete and the challan has already been presented on 01.04.2026. He has further submitted that there is no evidence made against the petitioner. He has relied upon the judgments passed by Hon’ble the Supreme Court in ‘ R. P. Kapur vs. State of Punjab ’, AIR 1960 SC 866; ‘ State of Haryana vs. Bhajan Lal ’, AIR 1992 SC 604; ‘ Kashmira Singh vs. State of Madhya Pradesh ’, AIR 1952 SC 159 and by Madhya Pradesh High Court in ‘