OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The learned Additional Sessions Judge, Panckhula while dealing with a complaint, filed by the respondent-State through Drug Control Officer, has observed that a prima facie case for framing of charge for the commission of offence punishable under Ss. 28, 27(b) (ii) and 28-B of Drug and Cosmetics Act 1940 is made out against the petitioner. The petitioner is aggrieved of the above mentioned order, hence the present petition under Sec. 482 of Cr.P.C. for quashing of aforementioned order.

(2.) In nut-shell the facts emerging from record are that on 31/8/2015 the accused a team of police officials received a tip-off from a source that the petitioner was carrying some narcotic substance. As per the case projected, by the police acting upon the above mentioned information the accused was apprehended along with a polythene bag and when the contents of the bag were checked it was found that in the above mentioned polythene bag there were narcotic drugs, currency notes and other medicines. According to the case set-out by the prosecution during the course of above mentioned recovery process/investigation, the petitioner-accused, hereinafter being referred to as 'petitioner' only, fled from the spot. In view of above mentioned happening two cases were registered against the petitioner; one case was vide FIR No.175 dtd. 1/9/2015, for the commission of offence punishable under Ss. 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter being referred to as NDPS Act, and the another was vide FIR i.e. FIR No.176 dtd. 2/9/2015 for the commission of offence punishable under Sec. 224, 225, 420 IPC and Sec. 181 of Motor Vehicles Act.

(3.) Heard.