PURAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material/case diary made available to me during' the arguments of the case.

(2.) Learned counsel for the petitioner submits that he has challenged the order framing charge against him under Sec. 8/15 of the N.D.PS. Act before this Court in S.B. Cr. Revision Petition No. 211/2005 wherein while admitting the revision petition this Court has stayed the further proceedings before the trial Court against the petitioner. Therefore, he submits that the bail should be granted to the accused petitioner under Sec. 439 Crimial P.C. He has referred a case of Sita Ram Vs. State of Rajasthan reported in 1993(1) RLR 335 on the principle that inconsistent, different or contrary orders should not be passed. He has also referred a case of Kapil Kumar Vs. State of Rajasthan in S.B. Cr. Misc. Bail Appl. No. 882/2005 decided on 22nd Feb. 2005 .

(3.) In the present case 120 bags of poppy-straw and 50 Bags of 'white-powder' were recovered from the truck, the total weight was 4,800 kilo grams. The investigating agency after collecting evidence filed a charge-sheet in the matter against the petitioner. The learned trial Court has prima facie framed charge against the petitioner under Sec. 8/15 of the N.D.P.S. Act. The revisional Court has admitted the revision petition for hearing and has stayed the further proceedings against petitioner. The revisional Court has not stayed the operation of order framing charge. The revision petition is pending for hearing.