Quashing of the FIR, which includes sections 8(c) r/w 20(b)(ii)(B) of the NDPS Act, as well as 120b and 211 of the IPC
Can we pursue the quashing of the FIR, which includes sections 8(c) in conjunction with 20(b)(ii)(B) of the NDPS Act, as well as 120b and 211 of the IPC? The police have inaccurately stated the date of custody, and the incident actually occurred on a different date. We have grounds to challenge this discrepancy. How can we demonstrate in court that we were in unofficial custody from 19.02.2024 until our official arrest? Is it permissible to request the police station's CCTV footage before the judge? Can we obtain the CCTV footage of the police station through the Right to Information Act?
In the actual case, 5.3 kilograms of Ganja were seized from a Employee Trade Union Office (common property) following a unanimous phone call complaint to the police on 17.02.2024. This incident was reported in the daily newspaper on 18.02.2024.
On February 19, 2024, at 10:00 PM, the police took four of us into custody and confiscated our mobile phones. They unjustly detained us for 7 days and falsely charged us with political motives.
However, in the FIR, they intentionally misrepresented the date as February 23, 2024, instead of the actual date, February 17, 2024. Additionally, they falsely stated the official arrest date as February 26, 2024, claiming we were suspiciously fleeing upon seeing the police while they were searching for the culprits. In reality, we had been in their unofficial custody since February 19, 2024, at 10:00 PM.