KRISHNA BHARADWAJ Vs. STATE OF M P

JUDGEMENT

(1.) DISSATISFIED with the order dated 20-12-2002 passed by the learned special Sessions Judge, Mandsaur in Special Sessions Trial No. 71/2002, for framing charge against him under Section 8/21 of the NDPS Act, the applicant has preferred this criminal revision. In this revision petition, he has also made several prayers regarding issuance of direction to the respondents (N. A. Nos. 1, 4, 5 and 6) to file enquiry report by the CID Department and issuance of direction to non-applicant Nos. 1 and 6 to initiate departmental inquiry against respondents (N. A. Nos. 2 and 3) as well as registration of criminal case.

(2.) THE facts of the prosecution case in narrow compass giving rise to the present revision are that in the night intervening 29th and 30th November, 2001, some informer (Mukhbeer) informed Sub-Inspector Shri shailendra Singh Jadon, City Kotwali, Mandsaur that in Room No. 16 of Hotel amrit three persons namely Shri Krishna Bharadwaj, Radhakishan and Suresh were/staying there and they are going to smuggle the contraband heroin. A panchanama to this effect was prepared, by the Policy City Kotwali, Mandsaur. Since there was paucity of time to obtain search warrant, the Sub-Inspector along with police force went to the place of incident where he found the applicant and two other co-accused staying in Room No. 16 of the aforesaid lodge. The Sub-Inspector, after performing the formalities under the provisions of Section 50 of the NDPS Act, seized 1. 500 Kgs Heroin from accused Radhakishan, 2 Kgs of heroin from accused Shri Krishna and 500 grams from accused Suresh. After weighment of the seized article a sample therefrom was taken and sealed. The remaining article was also sealed. The accused were arrested and the seized article was got deposited in the Malkhana.

(3.) THE applicant and other two co-accused were charge- sheeted for the offence punishable under Section 8/21 of the NDPS Act.