DAYA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petitions under Sec. 482 Cr.P.C. have been filed by the petitioners for quashing the chargesheet No. 01/2021 presented before the court of learned Special Judge NDPS Cases, Bikaner and learned Additional Sessions Judge No.1, Bikaner respectively.

(2.) The police registered a FIR on 4/5/2021 against accused persons for offence under Sec. 8/22 of NDPS Act in relation to recovery of contraband tramadol hydrochloride tablets. On the basis of information under Sec. 27 of Evidence Act, police detained the petitioners. After completion of investigation, the police filed chargesheet against the petitioners on 11/8/2021.

(3.) Learned counsel for the petitioner submits that the police had seized the contraband and sent sample to FSL for chemical examination and presence of narcotic substance. However, as per report of FSL, the sample tablets gave positive test for the presence of Chlorpheniramine but the presence of Tramadol could not be detected in the sample tablets and that Chlorpheniramine is not listed under NDPS Act. Thus, it is prayed that further proceedings against the petitioners are liable to be dropped and the chargesheet is also liable to be quashed qua the petitioners.