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dawood ahmed (advocate)     24 June 2012

Quashing of charge sheet

Dear friends,

In a case on hand, for the offence u/s 8(c) r/w 22 of the NDPS Act, basing upon the mere confession of A-1 who was while his house was raided by the excise officials caught in possession of two Kgs. of contraband, alleged to have stated that he purchased the five Kgs. of the contraband from A-2 and having sold three Kgs. out of it he possessed the remaining quantity. Subsequent to the alleged confession of A-1, the investigation has not collected any evidence worth the name to show the connection of A-2 to the contraband. They just collected the particulars of A-2 from the voters list and showing him as absconding A-2 filed charge sheet. The trial court mechanically taken cognizance of the case and issued NBW against A-2. Now the case is pending for trial. A-2 is ready to face the trial and prove his innocence but Unfortunately, the trial court has a set procedure for itself that in all cases of NDPS accused are remanded to jail and made to remain atleast for a month irrespective of the merits of the case. The court is of the opinion that the investigation agency wantonly leaves too many lacunas in the case to help the accused and thereby almost all the cases end in acquittal of the accuysed so it is just to keep them in jail atleast before the trial. 

In the circumstances what will be the prospects of going to High Court for quash of the charge sheet and the further proceedings before the trial court or will it be better to seek anticipatory bail then appear before the trial court and prove the innocence of A-2.


 5 Replies

abhishek (advocate)     24 June 2012

i dont think the high court will qaush the chargesheet in this case and the chances of getting anticipatory in this case is also not so gud but ill suggest u go for both first for the quas and than the anticipatory there is no loss in trying both these options and there are num of jugdments that the statement of co-accused is of no evidence until and unless it is corrabrated by the other evidence. i hope u have these judgements in case u dont than ill provide u.  regards

Sanyam Malhotra (Advocate)     25 June 2012

try for anticipatory bail first. does A-2 have a criminal past?


A-2 need to surrender before court and can prefer regular bail. Pursuant to the same, where the charge is not framed, in such event, and there is materail by which you can disprove the case of the accused A-2, in such event you need to proceed for preferring application for discharge.

High court is reluctant in quashing charge-sheets as regards NDPS case is concerned.

1 Like

A.V.Pattanashetti. (Advocate)     26 June 2012



It is advisable for A2 to surrender and then apply for regular bail. It is extremely difficult to get the chargesheet quashed from the HC in a NDPS case.

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