STATE OF PUNJAB Vs. SAUDAGAR ALI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal takes exception to the judgment and order dtd. 1/10/2018 in Criminal Revision No. 2723/2018 passed by the High Court Of Punjab and Haryana at Chandigarh, whereby the High Court allowed the petition filed by the respondent ' accused and set aside the order dtd. 9/7/2018 passed by the Judge, Special Court, Patiala of framing of charge under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short 'the NDPS Act'] against the respondent. The sole reason, as can be culled out from the impugned judgment, which had weighed with the High Court for setting aside the order of the Special Judge and directing framing of charge under Sec. 15 reads thus:

(3.) Assuming that the factual position stated by the High Court regarding percentage of morphine being a relevant fact, it is always open for the Trial Court to re-frame the charge, if the fact situation so warrants at any stage. However, as the impugned judgment was not stayed by this Court while issuing notice, the Trial Court had no option but to proceed with the trial by framing charge under Sec. 15 of the NDPS Act against the respondent. We understand that the said trial has been concluded and judgment of conviction is also pronounced vide order dtd. 19/2/2020 by the Special Judge.