HC quashes drug charges against engineer, calls police probe ‘suspicious’

Bombay HC quashes drug charges against engineer Sharma, citing flawed police investigation, allowing him to pursue education abroad after three years of trial.

MUMBAI: The Bombay high court (HC) on Friday quashed charges of drug consumption against a Vasai-based engineer, finding the police investigation flawed and suspicious. A bench comprising justices Sarang Kotwal and Dr Neela Gokhale ruled in favour of the petitioner, who had been facing trial for allegedly consuming ganja since 2021. The ongoing case had hindered his plans to travel abroad for further education.

HC quashes drug charges against engineer, calls police probe ‘suspicious’

The engineer, identified as Sharma, was detained in July 2021 near a temple in Vasai after a police team led by constable Kiran Avhad, acting on a tip-off, alleged he was smoking ganja with another individual. According to the first information report (FIR), the officers claimed they saw Sharma and his companion using a pipe to smoke a substance taken from their bag. The police also cited Sharma’s “reddened eyes and hands” as grounds for their suspicion.

The FIR stated that Sharma admitted to smoking ganja when questioned. The officers reportedly destroyed the pipe, the substance (a mix of ganja and tobacco), and related paraphernalia on the spot.

Sharma challenged the case through his advocate, Vinod Chate, arguing the charges lacked merit. The HC found several inconsistencies, noting that the second individual mentioned in the FIR was unaccounted for and that the chargesheet merely repeated the FIR with minimal additions. Crucially, no forensic evidence was available as the alleged items were destroyed.

“The continuation of proceedings against Sharma would be an abuse of process of law,” the court observed, adding that there was no chance of conviction. The court criticised the unnecessary prosecution, which had caused Sharma to suffer for over three years. The judgment brings relief to Sharma, clearing the path for him to pursue his education abroad.