ALAM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed against the order dt. 8.6.2012 passed by the learned Addl. Sessions Judge No. 1, Deeg District Bharatpur whereby charges have been framed for the offence under Sec. 29 and in alternative Section 8/ 25 of the N.D.P.S. Act. The contention of the petitioner is that there is no iota of evidence against the present petitioner to charge him under Sec. 29 of the N.D.P.S. Act. No recovery has been made from him. No statement under Sec. 67 of the N.D.P.S. Act has been recorded. There is no link evidence and hence he should be discharged from the offence. Reliance has been placed on Kishan Singh vs. State of Rajasthan, 1995 Cril.L.J. 3947 where it has been held that to establish the charge of abetment and conspiracy under Sec. 29 of the N.D.P.S. Act, the prosecution must adduce some independent, corroborative or affirmative legal evidence.

(2.) PER contra, the contention of the learned Public Prosecutor is that conspiracy hatched in the secrecy and no direct evidence can be adduced to prove a charge for conspiracy. It can be inferred only from the circumstance and at the stage of framing of the charges, the Court will no go into the niceties of the evidence and looking to the totality of the circumstances, charges have been rightly framed.

(3.) THE allegation against the present petitioner is that co -accused from whom the contraband has been recovered has stated that they have to deliver the said contraband to the present petitioner. The contention of the present petitioner is that no link evidence has been obtained to connect him with the crime and the statement of the co -accused cannot be relied.