Law: Criminal Procedure Code (V of 1898)

Section: 561-A,154,265-K

Law: Control of Narcotics Substances Act, 1997

Section: 9(b)

(a) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent power of High Court--- Interference by High Court in criminal proceedings in exercise of its inherent power under S.561-A, Cr.P.C---Scope---Section 561-A, Cr.P.C should never be understood to provide an additional or alternate remedy nor could the same be used to over-ride the express provision of law---Section 561-A, Cr.P.C could ordinarily be exercised only where no provision existed in Cr.P.C to cater for a situation or where Cr.P.C offered no remedy for the redress of a grievance---Inherent power of High Court under S.561-A, Cr.P.C could only be invoked to make a departure from the normal course prescribed in exceptional cases of extraordinary nature and reasons must be offered to justify such a deviation. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 154---Quashing of F.I.R. by High Court in exercise of its inherent power---Scope---In the matter of quashing criminal proceedings the trial must ordinarily be permitted to take its regular course envisaged by law and the provision of S.561-A, Cr.P.C should be invoked in exceptional cases for reasons to be recorded. 1996 SCMR 186 ref. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 154 & 265-K---Control of Narcotic Substances Act (XXV of 1997), S. 9(b)---Possession of narcotic---Petition for quashing of F.I.R., dismissal of---Plea of mala fide raised by accused to seek quashing of F.I.R.---Validity---Plea of mala fide intention could not be considered for quashing of criminal proceedings in a slipshot manner without affording an opportunity to the prosecution to prove its case because High Court, while exercising its inherent power, could not hold an inquiry as to whether the evidence available on record was reliable or not---Since case of accused was already put in the Trial Court, the court had to be allowed to proceed with the case and record statement of prosecution witnesses in order to confirm the guilt or innocence of the accused---Accused, however, had the remedy/right to file an application for his acquittal under S.265-K, Cr.P.C at any stage of the trial---Revision petition seeking quashing of F.I.R. was…

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