CHOTHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition under Sec. 482 Cr.P.C. has been preferred by the petitioners challenging the order dtd. 17/5/2023 passed by the learned Special Judge, NDPS Cases, Pratapgarh (hereinafter to be referred as 'the trial court') in Criminal Misc. Case No.73/2023 (Special Sessions Case No.31/2022), wherein the application filed by the petitioners under Ss. 91 and 311 of Cr.P.C. and Sec. 165 of Evidence Act has been rejected.

(2.) Bereft of elaborated details, the brief facts necessary for disposal of the instant criminal misc. petition are that the petitioners are facing a judicial proceedings for committing an offence under the penal provision of NDPS Act and they have been charge-sheeted for the offences under Ss. 8/18 and 8/29 of the NDPS Act.

(3.) A plea has been raised at the behest of petitioners to the effect that a false case has been foisted upon them. The arrest memos and the seizure memos were not prepared at the time mentioned on it and this fact can be verified from the production of the documents, which are in the form of electronic evidence. It was contended that the police officers, whose names are mentioned in the seizure memo, were not present at the time and place as they have been portrayed in papers and as such the memos are farce since at the relevant point of time, neither the petitioners nor the police officers, whose names are mentioned in the application, were present at the crime place. In fact all the papers were prepared by the police at Police Station at a time different to what has been mentioned.