LAWS(HPH)-2007-9-74

RAJINDER SINGH Vs. STATE OF H.P.

Decided On September 28, 2007
RAJINDER SINGH Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THIS Revision petition under Section 397 Cr.P.C. has been filed for quashing the order dated 26th April, 2007 passed by the Presiding Officer, Fast Track Court, Mandi, H.P. whereby he has framed the following charge against the petitioner:

(2.) THE case of the petitioner is that the charge as framed shows total non application of mind by the Presiding Officer, Fast Track Court and no charge could have been framed on the basis of the material which was available with the Presiding Officer.

(3.) ACCORDING to Sh.D.S.Dalee even as per the case set out by the police in the FIR, the Ruqua and the Challan there is no material whatsoever to indicate that the petitioner was in exclusive conscious possession of the Charas in question.