VINOD KUMAR BABBAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VINOD Kumar Babbal has filed this revision petition impugning order dated 30.08.2012 (Annexure P-1) passed by learned Special Judge, Bathinda, thereby allowing prosecution application filed under Section 319 of the Code of Criminal Procedure (in short ­ Cr.P.C.) and ordering summoning of the petitioner as additional accused in FIR No.46 dated 27.04.2011, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ­ NDPS Act), registered at Police Station Sadar, District Bathinda.

(2.) REPLY , by way of affidavit, as well as supplementary affidavit with inquiry report, filed today in Court by learned State counsel, are taken on record, subject to all just exceptions. I have heard counsel for the parties and perused the case file.

(3.) ON application moved by the petitioner's father, inquiry was conducted by Deputy Superintendent of Police (Rural), Bathinda, who found the petitioner innocent. Accordingly, supplementary report under Section 173 (8) Cr.P.C. was presented depicting the petitioner to be innocent in the case. However, the petitioner has now been summoned as additional accused on prosecution application under Section 319 Cr.P.C. Counsel for the petitioner contended that there is no legally admissible evidence collected by the prosecution during investigation or led during trial against the petitioner.