GLIMPSE OF A LATEST VERDICT* *Murali Vs. The Inspector of Police* Crl.O.P. No. 4980 of 2019 Dated: 26.09.2022 *Honourable Mr. Justice G. Jayachandran* allowed the Criminal Original Petition in the matter relating to *“Quash – FIR – NDPS”* and observed and held as follows: i) Since the maximum punishment for the offence of possession of 650g of Ganja is upto 1 year, and over 1 year had already lapsed after registering of complaint; the complaint suffers from limitation as prescribed under Section 468 of the Criminal Procedure Code.

[10/12, 10:27] Sekarreporter 1: *GLIMPSE OF A LATEST VERDICT*

*Murali Vs. The Inspector of Police*
Crl.O.P. No. 4980 of 2019
Dated: 26.09.2022

*Honourable Mr. Justice G. Jayachandran* allowed the Criminal Original Petition in the matter relating to *“Quash – FIR – NDPS”* and observed and held as follows:

i) Since the maximum punishment for the offence of possession of 650g of Ganja is upto 1 year, and over 1 year had already lapsed after registering of complaint; the complaint suffers from limitation as prescribed under Section 468 of the Criminal Procedure Code.

ii) The lapse of 5 years to test the seized contraband, and non-numbering of the final report despite direction of the Court, indicated that the case was not registered on true fact. It is for the Senior Official to look into the case and take appropriate action for registering complaint and not proceeding further in accordance with Law.

iii) Since it is a clear case of abuse of power and malicious prosecution, the petition is allowed and the FIR is quashed.
[10/12, 10:28] Sekarreporter 1: ..👍

 

Honorable Justice Dr Jayachandran. NDPS Act- NIBCID Police Registered Fir against the petitioner for trafficking Ganja- Madras High Court quashed the FIR -However, record that the case against the petitioner registered in Crime No.79 of 2017 is a clear case of abuse of power and malicious prosecution launched by the Investigating Officer with the help her subordinates namely, Mr.Babu and Mr.Senthil Kumar- This attitude of the Investigating Officer who has registered the case, clearly indicates that the case is not registered based on true facts. It is for the Senior Official to look into this case and take appropriate action for registering the complaint and not proceeding further in accordance with law. In the result, this Criminal Original Petition is allowed and the First Information Report in Crime No.79 of 2017 on the file of the respondent Police, (NIB-CID) Chennai is quashed. https://sekarreporter.com/honorable-justice-dr-jayachandran-ndps-act-nibcid-police-registered-fir-against-the-petitioner-for-trafficking-ganja-madras-high-court-quashed-the-fir-however-record-that-the-case-against-the-pe/

 

 

 

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