YOGESH RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have approached this Court invoking inherent jurisdiction of this Court conferred by Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') oppugning the order dtd. 28/6/2022, passed by learned Special Judge, NDPS Cases, Bhilwara (hereinafter referred to as 'the trial Court') whereby their application under Sec. 91 of the Code has been rejected.

(2.) The facts appertain are that a charge-sheet has been filed against the petitioners for offences under Ss. 8/15, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act'), on the accusation that contraband substances were recovered from petitioners' possession.

(3.) Mr. Khilery, learned counsel for the petitioners contended that the petitioners have been wrongly enroped in the case of the NDPS Act and despite the seizure officer not being present at the scene, the recovery has been stage managed vindictively by police personnel.