1 2025:CGHC:36442-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 28 of 2025 1 - Ranjit Gupta S/o Late Shri Gopal Prasad Gupta Aged About 45 Years Occupation Flying Squad Incharge Excise Circle, Office Ambikapur Resident Of Sai Residency, In Front Of Central School, Bhagwanpur Khurd, Police Station- Gandhinagar, Tahsil Ambikapur, District- Sarguja, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Chirmiri, District- Koriya C.G.(Now District Manendragarh- Chirmiri-Bharatpur) 2 - Raja @ Amit Singh S/o Jai Singh Raghav Aged About 30 Years R/o Sadak Dafai Haldibadi, Chirmiri, District- Manendragarh-Chirmiri- Bharatpur (C.G.) (As Per Honble Court Order Dated- 27-02-2025) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Goutam Khetrapal, Advocate For Respondent/State : Shri Sangharsh Pandey, Govt. Advocate. For Respondent No. 2 : None, despite service of notice. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.07.29 12:04:27 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 28.07.2025 1. Heard Shri Goutam Khetrapal, learned counsel for the petitioner. Also heard Shri Sangharsh Pandey, learned Govt. Advocate for the State. 2. The present WPCR has been filed with the following prayer:- I. That, this Hon’ble Court may kindly be pleased to quash the impugned First Information Report dated 16.11.2024 bearing Crime No. 288/2024 registered at Police Station Chirmiri, District-Koriya (C.G.) (Now District Manendragarh-Chirmiri- Bharatpur) (Annexure P/1) for the offence punishable under Sections 308(2), 309(6), 3(5) of the BNS against the petitioner. II. Cost of the petition may also be granted in favour of the petitioner. III. Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 3. Prosecution case in brief is that the complainant Raja alias Amit Singh approached Police Station Chirmiri District MCB. By submitting a written complaint on 16.11.2024, the petitioner and 9-10 Excise staff conducted a raid at the complainant’s house and by saying that they found 900 grams of illegal ganja in Mangalam 3 Hotel and accused along with his staff also taken complainant’s sign on a blank paper, making a photo/video with ganja and threatening to send him to jail in a ganja case, and accused and his staff also threatened to complainant for paying Rs. 2 lakh For not lodging the case of ganja. Thereafter the complainant got scared and gave Rs. 1.50 lakh to petitioner and after that Excise staff assaulted the complainant’s hotel staff. The complainant alleged that CCTV was installed in the hotel, however, the DVR of the camera has also been snatched away by them, so the police has registered the offence against the present petitioner. 4. Learned counsel for the petitioner submits that allegation of extortion are baseless and unsubstantiated, intended to tarnish the reputation of the petitioner and for obstruction in the investigation. Further, the petitioner is the government servant and appointed as Assistant District Excise Officer. The power of flying squad of excise officer has been issued by commissioner on 12/06/2008 whereby, the Excise Officer can make a search with respect to the offences of all type of narcotics. In pursuance of the above, the petitioner has already been appointed 30.09.2022 as a flying squad. Further, there were various complaints about the human rights commission of the narcotics at Manendragarh-Chirmiri, therefore the Human Right 4 Commission has issued the direction to the director to take care of complaints. Upon receiving the above, the director excise has issued the direction for the constitution of the team for proper control of illegal transportation and sale of narcotics. Further, in pursuance of the above, the petitioner has seized 800 gm ganja from Vikas Chouhan and Damodar on 13.11.2024. Also the petitioner received the confidential information of illegal sale of narcotics from Mangalam Dhaba Haldibadi. After receiving the above information, the team has been constituted and raid has been conducted and from the servant quarter, 900 gram ganja has been recovered for which the offence has been registered under Section 20 of the NDPS Act. The accused has not been identified therefore, further the DVR has been seized for the purposes of investigation in the crime report registered on 14.11.2024. He further submits that the present FIR has been registered on 16.11.2024 because the complainant who is having the high handed political involvement and his role and the involvement in the commission of the narcotics and along with some other illegal trafficking would have been disclosed. 5. On the other hand, learned State counsel opposes the submission advanced by the learned counsel for the petitioner. He would submit that perusal of the entire FIR clearly discloses 5 prima facie commission of offence as alleged against the present accused petitioner and there is also sufficient materials available on record against the present accused petitioner. He would further submit that it is a matter of investigation and trial and only after due completion of the investigation, any conclusion can be made. He would submit that the Prosecution Agency has registered the FIR on cognizable offence against the petitioner, as the matter was enquired to ascertain the facts on which, upon collecting documentary evidences, prima facie, involvement of the petitioner has been found in the alleged crime and accordingly, the FIR under aforesaid Crime Number has been registered against the accused petitioner. 6. Despite service of notice, the respondent no. 2 has chosen not to appear before the Court. 7. We have heard learned counsel for the parties; perused the impugned FIR; and the materials available on record. 8. From perusal of pleadings and documents, it is evident that petitioner is the government servant and appointed as Assistant District Excise Officer and power of flying squad of Excise Officer has been issued by the Commissioner on 12.06.2008, whereby, the Excise Officer can make a search with respect to the offences of all types of narcotics. The petitioner being an officer of Excise 6 Department, if proceeded in an alleged crime, the said act cannot be coloured as an act of extortion. 9. Considering the facts and circumstances of the case and from perusal of FIR, prima facie, no case is made out against the petitioner therefore, initiation of criminal proceeding is nothing, but an abuse of process of law. Further considering overall the facts and circumstances of the case, we are of the view that the petitioner has made out strong case for quashing of FIR. Accordingly, FIR bearing Crime No. 288/2024 registered against the petitioner for the offence punishable under Section 309(6), 3(5) of the BNS at Police Station Chirmiri, District – Koriya (C.G.) is hereby quashed. 10. Accordingly, the instant petition is allowed. No order as to costs. Sd/- sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib/Amardeep