SURJA RAM AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition No. 157/2004 under section 397 read with 401. Cr. P.C. has been filed on 19.3.2004 by the petitioners against the order dated 19.2.2004 passed by the learned District and Sessions Judge, Rajsamand in State Vs. Surja Ram and another Sessions Case No. 70/03 by which he ordered to frame charges for the offences under section 8/15 of Narcotic Drugs And Psychotropic Substances Act (hereinafter referred to as 'the Act of 1985') and consequential order by which charges were framed on 19.2.2004, be quashed and set aside.

(2.) It arises in the following circumstances:

(3.) The main case of the accused petitioners is that since they were authorised permit holders for carrying that Poppy Husk, therefore, no offence was committed by them. A bare perusal of the order dated 19.2.2004 by which charges were framed would reveal that the learned Trial Judge has observed that arguments on charge were heard, perused the file and a prima facie case for the offence under section 8/15 was made out against accused petitioners. The submissions which have been raised in this revision petition, in no manner have been mentioned by the learned Sessions Judge in the impugned order dated 19.2.2004. Thus, from this point of view something should have been said on the arguments which were raised by the learned Counsel for the petitioners at the time of passing the impugned order dated 19.2.2004 for the charges. In absence of any finding, the impugned order dated 19.2.2004 cannot be sustained and deserves to be set aside and the matter is to be remanded back for reconsideration.