BHOPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Petitioner has challenged the order framing charges dtd. 20/2/2019 passed in Sessions Case No. 14/2018, whereby the trial Judge framed charges against the petitioner for offences under Sec. 8/18 read with 8/29 NDPS Act. The FIR of the incident bearing No. 20/2018 was registered with Sheo Police Station, Barmer.

(3.) The FIR contains allegation of recovery of narcotics from possession of Kalu Ram and Oma Ram. Kalu Ram made statement before the Police under Sec. 27 of the Evidence Act stating therein that he had purchased the seized milk of opium from Pappu Ram of village Sujanpura, Pipaliya Mandi in the State of Madhya Pradesh. Kalu Ram further stated that he can show the place from where he had purchased the same. Thereafter, Police did nothing to collect evidence against the petitioner, no witness of village Sujanpura was examined to substantiate that accused Pappu Singh S/o Gattu Singh is the same person known as Bhopal Singh S/o Himmat Singh. The petitioner claims that he is Bhopal Singh S/o Himmat Singh. In support of his claim, the petitioner has produced copy of his Aadhar Card, identity card issued by the Election Commission of India showing Bhopal Singh as voter of his constituency and certificate of the Principal of the school where the petitioner had studied. Further, the mark-sheet of high school (10+2) issued in the year 1996 and other university documents has been produced showing that the petitioner is Bhopal Singh S/o Himmat Singh. The driving license and residential certificate also shows that petitioner is Bhopal Singh S/o Himmat Singh. The Sarpanch of the local Gram Panchayat has issued certificate which is attached with the Police papers submitted along with charge sheet after investigation of the case. The same discloses that the petitioner is Bhopal Singh S/o Himmat Singh and has no alias name as Pappu Singh S/o Gattu Singh.