DEVA @ DEVASINGH @ DEVENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant is aggrieved by framing of charge by Special Judge (NDPS Act) Shivpuri in Special Case No. 7/2016 for commission of the offence punishable under Section 8(c) read with Section 18(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the 'NDPS Act'), which is the subject matter of challenge in the instant revision application.

(2.) The facts giving rise to the instant case are that in the intervening night of 8th and 9th September, 2016, at about 2.20 pm the Sub-Inspector Police Station Kolaras, namely, K.P.Sharma has received information that the applicant Deva @ Davinder Singh, resident of Khokar Road, Kolaras, has kept narcotic drug opium at his residence situated in the farm house. On this information the police reached the house of the applicant but he was not found there and his servant Mathu @ Sandip was found in his residence. The police called younger brother of the applicant through his servant. After reaching of the applicant's younger brother Pratap Singh, the police informed him about the information received from the informant and gave notice under Section 50 of NDPS Act and after that the police made search of the house of the applicant and found 250 gms. opium which was kept in a steel box lying in the bed room of the applicant. The police seized the aforesaid article and after completing the necessary formalities and investigation, charge sheet has been filed before the Special Court, Shivpuri.

(3.) On the basis of charge sheet, learned trial Court has framed the charge under Section 8(c) read with Section 18(c) of the NDPS Act against the applicant. Being aggrieved by the said order, the applicant has preferred the instant revision application.