MUNISH KHOSLA Vs. STATE OF J & K

JUDGEMENT

(1.) The petitioner through the medium of present petition has sought setting aside of order dated 18.10.2011, passed by the court of learned Principal Sessions Judge, Jammu, whereby the court has directed framing of charges against the petitioner herein and the private respondents under Sections 8/21/29/60 NDPS Act and consequently framed formal charges against them, on the ground that the so called statement recorded by the petitioner before the respondent No.1 in terms of Section 67 NDPS Act does not disclose any offence against the petitioner. In fact there was no material which could prompt the trial court to frame charges against the petitioner. As the present petition has been filed by one of the accused in the case, namely, Munish Khosla, the order passed in the present petition shall govern the said petitioner and any observation or finding herein shall confine to the present petition and not to have any effect on the merits of the case pending before the trial court. It is submitted during the course of arguments that the respondent No.3, Vishal Gupta, has since expired.

(2.) Heard Mr. P.N.Raina, learned Senior counsel for the petitioner and Mr. Suneel Malhotra, learned Government Advocate appearing for respondent No.1.

(3.) The complaint filed by the respondent No.1 reveals that the occurrence of 23.07.2007 which is stated to have taken place at B.C.Road, near Shakuntla Theatre resulted into filing of the complaint against the petitioner herein and three other accused persons. As per the case set up by the complainant, one Maruti Car bearing registration no. DL8CD-5211 was intercepted near Shakuntla Cinema as the naka was laid by the NCB team. During checking, Pritam Singh and Vishal Gupta were found to be the occupants of the vehicle. The vehicle was searched and 0.600 kilo gram cocaine was allegedly found in the vehicle. The seizure of the contraband and other formalities were completed. The statements of the aforesaid persons under Section 67 NDPS Act were recorded and they revealed the involvement of Munish Khosla and Rahil Verma alias Ricky in this case of smuggling of the narcotic drugs. The statement of petitioner-Munish Khosla under Section 67 of the NDPS Act was recorded on 24.07.2009. The accused Rahil Verma who is stated to have supplied the narcotics to Pritam Singh and Vishal Gupta is still at large.