• NDPS Act

My nephew has been caught by Hanumangarh (RAJ ) Police in a fabricated case of NDPS act for illegal possession of Wyncorex Codeine phosphate. The narratives of police have following fallacies which highlight that case is fabricated ;-
1. He was caught on 21 april 2017 but he was shown as having caught on 22 Apr 2018. There was no independent officer or drug inspector available to supervise the process of arrest and investigation. The contents of narcotic elements in bottles were established merely on the basis of lables on the bottles.
2. Secondly the boys were caught as having drug runner. Whereas the persons from whom they had collected and to whom they were conveying was not at all taken into the investigation. We can say that source and destination of drug were deliberately overlooked.
3. This is a case of complete fabrication and police had prepared FIR by seating in rooms. The time shown in FIR and time and date on which FIR was uploaded in the police network server is definitely different. The police is not providing the server network report because it will unmask their fabrication.
3. Police has falsely stated they had gone to delhi area to search the source of drug but they didn't find anything which can be termed as source. Whereas it is beyond doubt that they have not gone to delhi neither they have attempted to search for the source. The documents such as Policeman Movement register (book out and book-in register both at originating ie Hanumangarh rajasthan and Delhi police station), travel bills, and other journey details will reveal the case. These documents is not being provided by the police. 
4. The drungs which were shown in possession were primarily made for therapeutic use. Allegedly, these medicines were found in possession of accused, it is so then why police have not lodged case against manufacturing company for following crimes
a. illegally floating into the grey or unauthorised channels of marking.
b. wilfully evading Govt duty and tax.
c. Why police have not sought help from taxation department of home state and manufacturing state as well.
D. Why manufacturers, wholesalers and retailers were not included in the FIR as they also have acted against the state.
PLEASE GUIDE
Asked 8 years ago in Criminal Law
Religion: Sikh

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4 Answers

Hello sir , all the loopholes in the FIR shall be considerd during the trial and the respective questions will be put up before the investigating officer during cross-examination by your lawyer.. You can approach high court for quashing of FIR under section 482 Crpc

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

All the observations you have made here are vital and valid points which can be highlighted during cross examination of the IO during the trial proceedings and cross examination.

The contradictions if proved convincingly before court will help the accused to get acquitted.

T Kalaiselvan
Advocate, Vellore
90013 Answers
2497 Consultations

Hello,

What is the status of the case?

Charge sheet has been filed?

Bail has been obtained?

You have the liberty to challenge the same before the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you need to challenge the same you can file a writ petition before HC. Else you need to file discharge in trial court. If discharge is dismissed then you need to face trial and get acquittal. All issues in your question can be raised before HC in your writ petition.

Prashant Nayak
Advocate, Mumbai
34540 Answers
249 Consultations

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