Rajasthan High Court Rejects Plea For Quashing FIR Against Police Constable Who Illegally Kept Seized Contraband For 4 Days

The Rajasthan High Court rejected the quashing petition by a police constable charged under the NDPS Act for unlawfully and illegally retaining opium recovered from an intercepted vehicles, for a period of 4 days.

Terming it a “very unique case of unlawful activities and exercise of power by the members of Law Enforcing Authority”, Justice Farjand Ali observed that even having possession of contraband in itself was an offence, despite there being a license or any authority under law to keep it detained.

The petitioner along with another constable (co-accused) intercepted a vehicle and recovered opium. It was only after retaining the contraband for a period of 4 days that the report was lodged by him in the police station along with the contraband.

The Court observed that a fair practice demanded immediate and prompt report of the matter to the superior officers and furnishing of information to the police station.

It was highlighted that different layers of investigation conducted so far reflected very dicey circumstances, suggesting indulgence of the petitioner in commission of the crime. It was held that the role played by the petitioner was required to be investigated thoroughly and incisively.

Hence, opining that the investigation yielded sufficient material to justify further proceedings, the Court held that no case was made out for quashing of the FIR.

Accordingly, the petition was dismissed.

Title: Jai Singh v the State of Rajasthan, and other connected petition

Citation: 2025 LiveLaw (Raj) 182

Click Here To Read/Download Order