TOFIQ ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This revision petition has been filed by the petitioner against the order dated 8.10.2014 passed by District and Sessions Judge, Dausa in Sessions Case No. 61/2012, whereby the charge under Sec. 8/15 of the NDPS Act has been framed against the petitioner in Sessions Case No. 61/2012.

(2.) Brief facts of the case are as under:

(3.) Learned counsel appearing on behalf of the petitioner has contended that the trial court while framing the charge against the accused petitioner has not considered the earlier F.R. No. 31/2010. The F.R. was submitted on the ground that the premises were duly licensed and the record of poppy straw showed that there was no shortage and no offence was stated to be made out. Learned counsel for the petitioner has further contended that the earlier submitted Final Report and the other material of investigation were not considered by the court below at the time of framing of the charge. He has further contended that the poppy straw was found from the premises being Plot No. F-74A of RIICO Industrial Area, Vapi, Dausa and therefore, inasmuch as the poppy-straw was found from the licensed premises. In view of above, the alleged offence is not made out against the petitioner.