The Patna High Court has refused to quash an FIR registered against a Jail Data Entry Operator allegedly found in possession of narcotics drugs and also prohibited tablets.

The Court was considering a Petition seeking quashing of an FIR registered for the offences punishable under Section 30(a) of the Bihar Excise and Prohibition(Amendment) Act, 2022 and Sections 46 and 47 of the Jail Manual Act, 1894.

The Bench of Justice Chandra Shekhar Jha observed, "Considering aforesaid factual submissions and by taking note of fact as petitioner found prima-facie in possession of narcotics drugs and also prohibited tablets inside jail, where he works as data entry operators the present quashing petition appears devoid of any merit, accordingly, same stands dismissed."

The Petitioner was represented by Advocate Satish Kumar while the Respondent was represented by Advocate Tarkeshwar Nath Thakur.

Facts of the Case

Counsel for the Petitioner submitted that the seizure list which is the part of the FIR is not supported by CCTV footage. It was submitted that the Petitioner was allowed to enter into the jail premises after proper checking, where he works as a data entry operator and therefore, false implication out of ulterior motive cannot be ruled out . It was submitted that FIR was not lodged under provision of NDPS Act.

On the other hand, the Additional Public Prosecutor submitted that the Petitioner apprehended in jail with 115 grams of Ganja along with 159 grams of tablet of prohibited drugs. It was submitted that the photograph annexed with FIR itself approved the allegations on its face and that fault in investigation cannot be looked into at this stage.

The Court observed that prima-facie case is established against the Petitioner, for he was found in possession of narcotics drugs and also prohibited tablets.

The Petition was accordingly dismissed.

Cause Title: Mohammad Imran vs. The State of Bihar

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Patna High CourtJustice Chandra Shekhar Jha

Sheetal Joon