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1. Prosecution has filed present chargesheet against accused Parmod Kumar in case FIR No. 561/2021, under Sections 328/379/34 IPC, PS Patparganj Industrial Area (in short 'PIA').

2. Case of the prosecution is that on 25.12.2021, at about 7.00 p.m., accused Parmod Kumar alongwith his associate Vicky (not arrested) made complainant Neeraj Mishra to sniff some intoxicating/stupefying substance and committed theft of his mobile phone, bag containing ATM card, PAN card, some money, tools and wrist watch. An information was given to the police on 29.12.2021 and DD no. 65A was recorded at PS PIA. Same was SC No.429/2022; FIR No.561/2021 assigned to SI Sunil (PW-10). IO prepared rukka and present case FIR No. 561/2021 was registered under Sections 328/379/34 IPC. Further investigation was assigned to SI Amit Chaudhary (PW3). Accused made disclosure statement in case FIR No. 109/2022, u/s 25 Arms Act, PS PIA, about commission of crime in the present case. Relevant documents were collected by the IO and accused was arrested in this case. On 04.02.2022, complainant Neeraj Mishra came to police station and made statement. Accused refused to participate in the TIP. Exhibits were sent to FSL. Statements of the witnesses were recorded. On completion of investigation, chargesheet was filed against accused persons.

9. On the other hand, Ld. Counsel for accused has submitted that accused was arrested in case FIR No. 109/22 and accused had refused for TIP, as complainant had seen him in the Court. It is further submitted that on 04.02.2022, complainant said that he could identify the accused and photos of accused were taken. It is further submitted that accused is permanent resident of Aligarh and he never lived in Delhi. It is further submitted that case properties have been planted on the accused. It is further submitted that no MLC of injured/complainant was prepared to show that he was made to consume any stupefying substance, hence, no conviction can be recorded under Section 328 IPC. It is further submitted that articles allegedly stolen from the complainant have not been recovered, thus allegation under Section 379 IPC also does not stand proved. It is further submitted that the incident allegedly took place on 25.12.2021, for the first time, he made a call to Police at no. 112 on 29.12.2021, he came to Delhi on 04.02.2022, almost after more than one month, which shows that this is a false case made against the accused. It is further submitted that prosecution has not been able to prove its case against accused beyond reasonable SC No.429/2022; FIR No.561/2021 doubt, thus accused may be acquitted. It is prayed that accused persons may be acquitted.

12. Section 328 IPC is reproduced as under :

328. Causing hurt by means of poison, etc., with intent to commit an offence.-- Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing which intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

SC No.429/2022; FIR No.561/2021

13. A perusal of abovesaid Section would show that the following ingredients must be satisfied to constitute an offence under section 328 IPC as under:

(i) Some person or persons should administer or cause to be taken by any person any poison or stupefying, intoxicating or unwholesome drug, or other thing; and
(ii) The intention of the person or persons mentioned in (i) should be to cause hurt to the person concerned, or should be within knowledge on the part of the person or persons that the result of his act or their act was likely to cause hurt to the concerned persons.