VINEET KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision is directed under Section 397/401 of the Code of Criminal procedure against the order dated 17-05-04 passed by the Additional Sessions and Special Judge (N. D. P. S.), Bhopal in Special Case No. 38/2001, whereby the present petitioner has been charged under Section 21 (B)/29 N. D. P. S. Act.

(2.) LEARNED Counsel for the applicant submitted that on the basis of police Report submitted before the Court of first instance under Section 173 of the Code of Criminal Procedure and other papers which were submitted alongwith this report, which are so called challan papers. On the basis of these papers no ingredients of said offence are made out for framing the said charges against the applicant, and, therefore, the Trial Court has framed the charges under violation of Section 227 of the Code of Criminal Procedure.

(3.) IN other hand Mr. Aseem Dixit, who is appearing for the respondent-State submitted with the assistance of Investigating Officer who is present in the Court that as per- case diary no ingredients of the said offences are made out against the applicant. The case diary is also perused by the Court and the said versions were found correct.