Vesa Holdings P.Ltd.& Anr vs State Kerala & Ors on 17 March, 2015
19. This is a question of fact, to be investigated into by the
police or established at the trial after adducing evidence. On the basis
of an assertion on affidavit that the informant did not supply any
quantity of Masoor to the accused persons, First Information Report
cannot be quashed, exercising jurisdiction under Section 482 of the
Code of Criminal Procedure, 1973. Much reliance has been placed on
Supreme Court's decision in case of Vesa Holdings P. Ltd. V. State
9
of Kerala (supra). The Supreme Court in the said decision held in
paragraph 9 as follows:-