RIDHM RANA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present petition has been filed for setting aside the order on charge dtd. 23/10/2021 in SC No.200/2021, FIR No.104/2021, PS: Crime Branch, whereby the Ld. Special Judge ordered for framing of charges against the Revisionist u/s 20(c) r/w 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioner is one of the accused in the above matter.

(2.) The case of the prosecution is that on 12/6/2021 at about 4:30 AM, secret information was received that one Shanta Kumar was engaged in supply of Charas through his trustworthy driver and he would be sending one consignment of Charas through him to Delhi to the petitioner to be delivered near Fortis Hospital, Vasant Kunj.

(3.) Being aggrieved, of the said order, the revisionist has preferred the present revision petition on the ground that there is no admissible evidence or documentary proof against the present revisionist; the revisionist has no role whatsoever regarding alleged recovery of contraband; 750 grams of Charas alleged to have been recovered from the possession of the revisionist falls under the category of intermediate quantity/lesser commercial quantity. There is no absolute evidence of there being any criminal conspiracy so as to add 456 grams Charas alleged to have been recovered from co-accused Sarvesh; the revisionist and Sarvesh had paid Rs.10,000.00 each to truck driver Rakesh Kumar separately. Even, as per the story of the prosecution, they had collected the contraband separately so neither in respect of payment nor in respect of goods, there is any collective action; so combining both alleged recoveries against the revisionist is illegal and arbitrary and without any merit.