YASHODA DEVI (SMT.) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present misc. petition has been filed by the petitioner for quashing of the proceedings initiated against her in pursuance to the charge-sheet No. 264-A/2006 filed subsequent to the FIR No. 249/ 2006, registered at Police Station Nimbahera, Distt. Chittorgarh and also all the proceedings thereupon qua the petitioner.

(2.) Briefly stated facts necessary for the disposal of the misc. petition are that on 10.06.2006, a FIR registered at the Police Station Nimbahera, Distt. Chittorgarh against Vikram Singh Kalu @ Daya Ram and Joga Ram for the offences under Secs. 8/15 & 8/25 of the NDPS Act with the allegation that they whilst driving the Indica Car bearing No. RJ-4 C-1805 were found to be playing illicit poppy straw. The police initially filed a charge-sheet against Vikram Singh, Kalu @ Daya Ram and Joga Ram for the aforesaid offence and during the course of investigation of the FIR, it came to light that the vehicle in question, in which, the illicit poppy straw was being transported was registered in the name of present petitioner. On further investigation being made, it was revealed and verified that the vehicle in question i.e. Indica Car had been sold by the petitioner to Vikram Singh, the person from whose possession the vehicle was recovered.

(3.) It further appears from the record that Vikram Singh moved an application before the learned trial Court for treating him as a juvenile and based on the documents submitted by Vikram Singh, he was declared to be a juvenile. Resultantly, the police while conducting the investigation came to a conclusion that since Vikram Singh was a juvenile, any agreement entered into between Vikram Singh and the present petitioner could not be said to be a valid agreement. Resultantly, the charge-sheet was filed against the present petitioner under Sec. 299 Crimial P.C. holding her to be responsible for the offence under Sec. 8/25 of the NDPS Act. Learned counsel for the petitioner relying on certain documents filed along with the charge-sheet particularly the report of the SHO, Nimbahera submitted to the learned Special Judge (NDPS Cases), Chittorgarh submitted on 04.11.2011 submits that the Investigating Officer has himself found that on enquiry being made about the documents of the sale of the vehicle in question, the factum of the petitioner having sold the vehicle to Vikram Singh was verified but the Investigating Officer filed the charge-sheet against the petitioner only because the petitioner did not appear in the investigation and did not file the documents of sale before the Investigating Officer.