SURESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 397 of the Code of Criminal Procedure, 1973 (for short, 'the Code' hereinafter) is directed against the order dated 29.07.2005 passed by the Special Judge, NDPS Cases, Chittorgarh, Camp Nimbaheda (for short, 'the trial Court' hereinafter) in Sessions Case No. 44/2004, whereby the trial Court framed charge for the offence under Section 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act' hereinafter) against the petitioner. Aggrieved by the order impugned framing the charge, the petitioner has filed the instant revision petition.

(2.) The allegation against the petitioners is that in order to save the accused carrying contraband poppy straw, the petitioners tried to give bribe to the seizure officer in order to save the accused who were found transporting the huge quantity of poppy straw weighing 2291.600 kgs. from the penal consequence, whereupon they were taken on remand in FIR No. 38/2004, Police Station, Bhadsoda district Udaipur, for the offence under Section 12 of the Prevention of Corruption Act read with Section 120-B IPC. Later on, the petitioners were arrested in connection with FIR No. 120/2004 of the same police station in connection with recovery of poppy straw and after investigation, Challan was filed against them for the offence under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act' hereinafter). During trial, the prosecution could not connect the petitioners with the offence under Section 8/18 of the NDPS Act. However, vide impugned order dated 29.07.2005, the trial Court proceeded to frame charge against the petitioners for the offence under Section 27-A of the NDPS Act. Hence this revision petition.

(3.) I have heard learned Counsel for the petitioners and the Public Prosecutor for the State. Perused the impugned order and the Challan papers.