LAWS(P&H)-2015-2-350

SATENDER DHAMA Vs. STATE OF PUNJAB

Decided On February 05, 2015
Satender Dhama Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) FIR No. 292 dated 26.10.2013 was registered under Sections 307,353,186,419,420,468,471,489,120-B,34 IPC, Section 25 of the Arms Act as well as Section 21/22/61/85 of NDPS Act at Police Station Civil Lines, Patiala against two persons, namely, Palwinder @ Pinda and Satnam Kaur.

(2.) As per allegations in the FIR, a recovery of 58 gms of heroin and 1000 gms of dextro-propoxyphene was made from Palwinder Singh and Satnam Kaur while they were travelling in a car bearing No. PB65-P- 9132. It was also alleged in the FIR that accused-Palwinder Singh had even attempted to shoot at the investigating team.

(3.) The investigation in the present case was completed and a final report under Section 173 Cr.P.C. was submitted on 15.4.2014, wherein, it was mentioned that co-accused-Palwinder Singh made a disclosure statement that Satwinder Singh Dhama was also involved in the transaction of sale of drugs. At the time of framing of charge, the petitioner moved an application for discharge stating therein that no case was made out against him as neither there was any connecting evidence for his involvement in the case nor his name was mentioned in the FIR and recovery was also not effected from him. Said application for discharge was dismissed and charges were framed vide order dated 6.8.2014. The present revision petition has been filed to challenge order of dismissal of application of discharge as well as order of framing of charge dated 6.8.2014 and other proceedings arising therefrom.