MANOJ BHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant criminal revision petition has been filed by the petitioner against the order dtd. 27/6/2023 passed by the learned Special Judge, NDPS Act Cases, Sanchore in Sessions Case No. 154/2022 whereby, the Trial Court has framed charges against the petitioner for offences under Ss. 8/22 and 8/25 of NDPS Act so also the order dtd. 6/6/2023 whereby, the trial dismissed the application filed by petitioner under Sec. 227 Cr.P.C. for acquittal.

(2.) Brief facts of the case are that during inspection of medical store M/s Ganpati Medical Agency, certain psychotropic substance was recovered from the godown. FIR No. 1/2022 was registered against the petitioner at CBN, Chittorgarh for offence under Ss. 8/22 and 8/25 NDPS Act. After investigation, the police filed charge-sheet against the petitioner. At the time of framing of charges, the petitioner filed an application under Sec. 227 Cr.P.C. for acquittal. However, the learned Trial Court dismissed the application vide order dtd. 6/6/2023 and framed charges against the petitioner for offence under Ss. 8/22 and 8/25 NDPS Act.

(3.) Learned Counsel for the petitioner submits that no offence under NDPS Act is made out against the petitioner. The recovered drugs is defined under Sec. 3(b) of Drugs and Cosmetics Act, 1940 and therefore, case should be considered under the Drugs and Cosmetics Act. It is further argued that commercial quantity of Tramadol and Nitrazepam drug is not application under the wholesale license holder of drugs as per conditions of the license. Learned Counsel for the petitioner further argued that the police has filed charge-sheet against the petitioner on the ground that petitioner did not have bill for Tramadol and Nitrazepam drug whereas, the petitioner had details of stock sold and purchased, from which it can be verified that the seized drugs cannot be said to be illegal. Thus, the Trial Court has not properly looked into the matter and therefore, the order passed by the learned Trial Court is liable to be set aside.