SHAHRUKH KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition is preferred by petitioners-accused Shahrukh Khan and Abdul Aslam aggrieved from order dtd. 16/7/2022, whereby a charge has been framed against the petitioners-accused in Sessions Case No.87/2021 by learned Special Judge NDPS Act, Kota.

(2.) Learned counsel for petitioners submits that petitioners are innocent persons and they were falsely implicated by police. He further submitted that Abdul Aslam is father of Shahrukh Khan, and police has allegedly recovered contraband from possession of Abdul Aslam and not from Shahrukh Khan. He also submitted that the motorcycle, on which Abdul Aslam was plying was registered in the name of petitioner Shahrukh Khan and only on ground of a registered owner of motorcycle Shahrukh Khan was charge-sheeted by police. He further submitted that there is no evidence about conspiracy or involvement in transportation of contraband, but still police has filed a charge-sheet against Shahrukh Khan and Abdul Aslam. He also submitted that to frame petitioner-accused for offence under the NDPS Act, it is necessary that there must be some evidence to implicate them, but no such evidence is available on record. He further referred the sample process and submitted that the collection of samples is defective as contraband was recovered from different packets and same was mixed to collect a representative sample. At last, he submitted that petitioner-accused Shahrukh Khan is a student and he is preparing for competitions.

(3.) Aforesaid contentions were opposed by learned Public Prosecutor.