IDU KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall govern the disposal of Criminal Revision No.843/2012 {Idu Khan Vs. Union of India} and Criminal Revision No.844/2012 {Surendra Singh Vs. Union of India} arising out of common order dated 26-07-2012 passed by learned Special Judge, Bhind in case No.01/2011 (NDPS).

(2.) Both the petitioners have filed these petitions against the order dated 26-07-2012 passed by learned Special Judge, Bhind in case No.01/2011 (NDPS) whereby the charges for the offence punishable under Section 8(c) read with Section 29, 15(c) read with Section 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for brevity NDPS Act) have been framed against petitioner (Idu Khan) and in addition to these charges, additional charge for the offence under Section 26 of NDPS Act against Surendra Singh has been framed by learned trial Court.

(3.) Being aggrieved by the impugned order, petitioners have filed these petitions on the grounds that no poppy straw has been seized from their custody and Surendra Singh is licence holder for selling the poppy straw and poppy straw seized from his possession is within the permissible limit of licence issued to him. The order impugned has further been challenged on the ground that the petitioners have been falsely implicated on the basis of statement recorded under Section 67 of NDPS Act which is retracted statement in respect of which objections have already been filed by the petitioners immediately when they were produced before learned concerned Judge.