SULTAN ZAHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this revision petition, the petitioner has challenged the order dated 05/12/2000 of the Additional Sessions Judge No. 2, Kota (Special Judge NDPS Cases) whereby the accused has been charged for offence punishable u/s. 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1980 (for short "ndps Act" ).

(2.) THE prosecution of the present petitioner arose when one Barkat Ali (who has been charged for offence punishable u/s. 8/27 of the NDPS Act under the impugned order dated 5/12/2000) was produced before SHO Vigyan Nagar Kota by Tarachand Constable upon having been found in possession of Diazepam injection with one syringe which was then recovered and during interrogation, he (Barkat Ali) disclosed to have purchased the seized injection from Shiba Medical Store, of which undisputedly Sultan Zahid (petitioner herein) is the Proprietor and as a consequence of interrogation and investigation, the petitioner's medical store (supra) was searched and during which diazepam injection, pentazesin lected (Fortvin) and phenergan hydrochloride injection were got recovered at his instance, but without having any license to keep in possession and thereby the petitioner was made an accused alongwith co-accused Barkat Ali, by filing challan before the concerned Magistrate who committed the case for trial to the Special Judge (NDPS Cases) who took cognizance and charged the petitioner for offence u/sec. 8/22 of the NDPS Act by the impugned judgment. Hence this revision petition.