PARSA RAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) The present revision petition has been filed by the petitioners challenging the order dated 14.9.2011 passed by the learned Special Judge, N.D.P.S. Act Cases, Sirohi whereby he has framed charges against the petitioners for offence under Sections 8/15, 29 of the N.D.P.S. Act.

(3.) Assailing the order impugned, learned counsel for the petitioners submits that the petitioners are employees of the licensed dealer of poppy straw and the goods in question were being plied under a valid permit. He has placed reliance on the order dated 5.5.2009 passed by this Court in S.B. Criminal Misc. Bail Application No. 2349/2009 wherein the fact regarding permit being available on the record has been referred to. He also points out the charge-sheet filed by the police wherein also, reference to permit is made. It is submitted that the police did not filed the permit on record and hence, the arguments on the basis of the same could not be raised before the trial Court. It is submitted that in the statements of Naeem and Balwant, the factum of permit being in existence has been mentioned. Thus, it is submitted that once a permit was available with the I.O., then the non-filing thereof before the trial Court is obviously an act deliberately committed to keep out the relevant documents from the access of the Court so that the accused may be unduly harassed and prosecuted without any justification. In this regard, he places reliance on the judgment of the Hon'ble Apex Court delivered in the case of Rukmini Narvekar v. Vijaya Satardekar & Ors., reported in 2009 (1) SCC (Cri.) 721 wherein it has been observed that it is not an absolute proposition that under no circumstances, the Court can look into the material produced by the accused at the stage of framing of the charges.