LAWS(MPH)-2012-9-246

GOPAL JI SINGH Vs. STATE OF M P

Decided On September 03, 2012
Gopal Ji Singh Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) THIS common order shall govern disposal of all the four cases, as, arising out of the same proceedings, pending as Special Case No. 22/2010, before the Special Judge [under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act')] at Satna, they are interlinked.

(2.) M .Cr.C. Nos. 407/11 and 1296/11 are the petitions, under Section 482 of the Code of Criminal Procedure (for brevity 'the Code'), for quashing of the order dated 23-11-2010, taking cognizance of the offence punishable under Section 20 (b) of the Act against the petitioners namely, Gopal Ji Singh and Narendra Singh, who are also the revisionists in Criminal Revision Nos. 65/11 and 194/11 and the consequent proceedings whereas the revisions are directed against the order dated 6-12-2010, framing charge of the offence punishable under Section 20 (a) (i) of the Act against them as well as Shyam Ji Singh, who is none other than the elder brother of Narendra Singh and younger brother of Gopal Ji Singh.

(3.) HOWEVER , the SHO R.S. Upadhyay, while explaining that the complicity of Gopal Ji Singh and Narendra Singh could not be established from the evidence collected during investigation, submitted a charge-sheet before the Special Court on 22-11-2010 as against co-accused Shyam Ji Singh.