Order 10

Order Details: COPY OF ORDER
Pdf Text: CIS No. 1460/2023
STATE Vs. ANMOL DHAWAN
FIR No. 127 /2022
under section 20 NDPS Act.
PS: Crime Branch
24.12.2024
Present. Sh. Salil Maheshwari, Ld. APP for the State.
Sh. M. N. Siddiqui, Ld. Counsel for accused Suman Jha.
Sh. C. M. Sangwan, ld .counsel for accused Anmol
Dhawan alongwith accused Anmol Dhawan.
Arguments heard on behalf of the accused Anmol
Dhawan.
At this stage, it is submitted by the Ld. APP for the State
that as per the section 36A (5) of the NDPS Act, the offence
punishable with imprisonment less than three years shall be tried
summarily and therefore, the accused does not have the right to
address arguments on the point of discharge as notice is to be read
over to the accused persons.
The counsel for the accused Anmol Dhawan submits that
they concede to the charge and wish to go for the trial.
On the other hand, ld. Counsel for accused Suman Jha
submits that it will be travesty of justice if the matter put up for trial
qua the accused Suman Jha against whom no incriminating evidence
has come on record.
There are merits in the submission of the Ld. APP for the
State. However, after going through the record, the submission made
on behalf of the accused Suman Jha cannot be ignored as apart from
the disclosure statement of the accused Anmol Dhawan, there is no
evidence on record, implicating the accused Suman Jha and it is
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establish position of law that the disclosure of the accused cannot be
used against another except in cases where the same reads to be
discovery of some evidence and that too, the part which leads to the
discovery. Further, nothing has been recovered from the possession of
the accused Suman Jha and proceedings ahead against him by framing
the notice and taking the matter for trial, will not be in the fitness of
the case as the accused will have to face, the agony of the trial and in
the circumstances, where the charges will not be proved against him
due to the lack evidence, which is apparent on the face of the record.
Therefore, in the interest of justice and to serve justice, it will be
proper to stop the proceedings against the accused Suman Jha as there
is no prospect of conviction qua him on the basis of material that has
been filed alongwith the charge-sheet.
Therefore, the proceedings qua
the accused Suman Jha stands stopped.
Furthermore, there is sufficient material on record which
makes out a prima facie case for offence punishable U/s 20(ii)(A)
NDPS Act. Notice has been read over to the accused and the accused
has putforth the plea of not guilty and has claimed trial.
Put up for PE on 31.01.2025.
Let PWs be summoned mentioned at S. No. 1 and 16 as
per list of witnesses, for evidence for NDOH.
Let notice be issued to MHC(M), PS concerned for
NDOH.
(ABHISHEK KUMAR)
CJM/(Central)/THC/Delhi
24.12.2024
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