KAMTA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision has been filed by the present applicant against the order dtd. 26/2/2021 (Annexure A-1), passed by the Special Judge (NDPS Act), Satna in Special Case NDPS No.36/2020, framing charges against him under Ss. 8 read with Sec. 20(b)(2c) and 29 of the Narcotic (for brevity "NDPS Act").

(2.) The brief facts of the case, as emerged from the material on record are that on 14/5/2020 Sub Inspector S.K.Jhariya of Police Station Maihar, District Satna received an information from an informant that a Truck bearing registration No.CG-04-DA-3388 is coming from Katni road carrying Ganja. The truck was intercepted near railway bridge and during search the police found 8 quintal Ganja in 73 sacks and 5 persons sitting therein were arrested. On the basis of aforesaid, an FIR came to be registered at Crime No.360/2020 at Police Station Maihar, District Satna (M.P.) for the offences under Ss. 8 read with Sec. 20(b)(2c) and 29 of the NDPS Act. During investigation the statement of co-accused Gopal Sahu was recorded, who disclosed in his memorandum that the seized Ganja belongs to the present applicant. On the basis of this memorandum statement of co-accused, present applicant was arrested on 15/5/2020.

(3.) Upon completion of investigation, the charge sheet was filed against the present applicant and other co-accused persons. Upon committal, the Special Judge (NDPS Act), Satna framed the charges against the present applicant under Ss. 8 read with Sec. 20(b)(2c) and 29 of the NDPS Act, who pleaded non-guilty. The applicant has, therefore, filed the present revision challenging the order dtd. 26/2/2021, framing the charges as aforementioned and continuation of proceedings.