DEEPENDRA PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision under section 397 read with section 401 of the Code of Criminal Procedure is directed against the order dated 13.12.2016 passed by Special Judge, Satna under the Narcotic Drugs and Psychotropic Substances Act, in Special Case No.300004/2016 wherein charges have been framed against the petitioner for offence under section 8 read with section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter referred to as the "NDPS Act"].

(2.) Brief facts of the case are that on 03.2.2016, on an oral information received by the Police, the vehicle bearing Registration No.DL-7/CB-2067 was intercepted and the petitioner-Deependra Pandey, Dharmdhawaj Singh @ Sarkar Singh and Pradipt Banna were apprehended. From their custody 300 bottles of Corex syrup, each bottle containing 100 ml syrup, has been seized. This corex syrup is being used as an intoxicant. The applicant is involved in illegal sale and transportation of corex syrup. Thereupon, Crime No.92/2016 was registered at Police Station, Rampur Baghelan under section 8 read with section 20 of NDPS Act. Charge-sheet has been filed. The learned trial Court framed charges against the petitioner on 13.12.2016 for the above offences.

(3.) The petitioner assailed the order on the ground that order of framing charge is bad, illegal and improper. The learned trial Judge has erroneously recorded the finding that the prosecution story, if accepted as it is, offences only under the provisions of Drugs & Cosmetics Act would be attracted. The drug was not seized from the exclusive possession of the petitioner. The petitioner has been falsely implicated merely on the assumption.