Maneesh M. v. State

37# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1801/2017 MANEESH M.

..... Petitioner Represented by:

Mr. V.K. Sidharthan, Advocate.

versus STATE ..... Respondent Represented by:

Mr. Hirein Sharma, APP for the State with SI Rahul Kumar, Special Cell, Lodhi Colony.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 03.05.2017 Crl. M.A. 7349/2017 (Delay) For the reasons stated in the application, delay of 28 days in refiling the petition is condoned.

Application is disposed of.

CRL.M.C. 1801/2017 and Crl. M.A. No.7348/2017 (Stay) 1.

By this petition the petitioner seeks quashing of charge sheet/final report dated 10th July, 2015 filed in FIR No. 4/2015 for offences punishable under Sections 21/22/29 of the Narcotic Drug and Psychotropic Substance Act, 1985 (in short 'NDPS Act') by PS Special Cell (SB) and pending in the Court of Special Judge, NDPS, Patiala House Courts. 2.

The contention of learned counsel for the petitioner is that the petitioner is a resident of Kerala and has been falsely implicated. Two CRL.M.C. 1801/2017

co-accused were apprehended with large quantity of the heroin and the involvement of the petitioner was on the basis of their disclosure statement. Both the co-accused have been convicted by the learned Trial Court. 3.

During the course of the trial, the petitioner had been declared a proclaimed offender. Charge sheet has already culminated into the conviction of two co-accused for offences punishable under Sections 21 (c) and 29 of the NDPS Act and the petitioner is a proclaimed offender therein. No petition for quashing of the charge sheet can be entertained as the petitioner is a proclaimed offender.

4.

Petition and application are dismissed.

MUKTA GUPTA, J.

MAY 03, 2017 'vn'

CRL.M.C. 1801/2017