CHANDER MOHAN Vs. STATE

JUDGEMENT

(1.) Aggrieved with the order of framing of charge dated 5th February, 2004 under the Provisions of Sections 18 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, one of the petitioner viz. Chander Mohan has assailed the same by way of filing this Criminal Revision Petition on the ground that there was no evidence against him warranting framing of charges under the said Provisions except the disclosure statement of another accused Nepal Chand which even otherwise is not admissible in evidence.

(2.) The petitioner and his associate Nepal Chand were charged for possessing Opium weighing 7.5 kgs. which was recovered from the house of Nepal Chand on 7-7-1996 . On receipt of secret information by Inspector Shri S.P. Kaushik that Nepal Chand and the petitioner were involved in illegal trafficking , the Inspector along with his team reached house No. 308-A Pocket -Q Dilshad Garden . Since the house was found locked therefore, the Inspector broke open the lock and recovered 7.5 kgs. of Opium from the flush of toilet.

(3.) The accused Nepal Chand was arrested subsequently who disclosed having indulged in illegal trafficking of drugs in associate with the petitioner Chander Mohan.