RAMESH CHANDRA Vs. CENTRAL BUREAU OF NARCOTICS

JUDGEMENT

(1.) This is a revision petition against the order dated 14.5.2007 passed by CJM, Mandsaur in Criminal Case No. 841/2007 whereby the learned Trial Court has directed for registration of the case against the petitioner and also coaccused Ram singh for an offence punishable under Sections 8/18 of the Narcotic Drugs And Psychotropic Substances Act.

(2.) Short facts of the case are that petitioner and co-accused Ram singh were charge-sheeted by the prosecution, alleging that the petitioner and co-accused were found in possession of Opium on 17.3.1987. After framing of charges in S.T. No. 36/88, co-accused Ram singh was convicted vide judgment dated 30.6.1989 while petitioner was acquitted. Since co-accused Ram singh was convicted, therefore an appeal was filed by him which was registered as Cr. Appeal No. 289/89 and was decided by this Court vide judgment dated 15.5.2001 whereby the judgment of conviction passed by the Sessions Court was set aside holding that the committal process being illegal are quashed and consequently the Sessions trial is also quashed. It was also directed that the Investigating Officer shall against file a complaint in the Court of CJM, Mandsaur after following the procedure prescribed under Sec. 202(2) of Code Criminal Procedure and thereafter Court below shall pass committal order.

(3.) In compliance of the order passed by this Court on 15.5.2001 respondent filed a complaint against co-accused Ram singh as well as against the present petitioner on 14.5.2007. On 14.5.2007 itself learned trial Court issued warrant of arrest against the petitioner against which present petition is filed.