During the hearing, Kulkarni’s counsel argued that there was no direct evidence linking her to the alleged conspiracy.
“Even if the statements are accepted as they are, there is no role attributed to the petitioner except her presence,” it was contended.
The Court agreed, highlighting that the statements of the co-accused, which formed the crux of the charges against Kulkarni, were not admissible in law.
The High Court also referred to the Supreme Court’s guidelines on exercise of inherent powers under Section 482 of the Criminal Procedure Code to prevent abuse of process and secure justice.
The judges cited a precedent, stating,
“In absence of any material establishing the charge under NDPS Act, we are satisfied that continuation of the prosecution against the petitioner would be nothing short of abuse of process of Court.”
Hence, it quashed the FIR.
Source: Barandbench
