STATE OF RAJASTHAN Vs. AMAR CHAND

JUDGEMENT

(1.) THIS criminal revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short "the Code" hereinafter) is directed against the order dated 19. 12. 2001 passed by Special Judge, N. D. P. S. Cases, Chittorgarh (for short `the trial Court' hereinafter) in Sessions Case No. 67/2001, whereby the trial Court discharged both the accused non-petitioners of the offences under Sections 8/18 and 8/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the NDPS Act' hereinafter ). Aggrieved by the order discharging the accused non-petitioners, the State of Rajasthan through its public prosecutor has filed the instant revision petition.

(2.) I have heard learned public prosecutor and counsel appearing for the accused non-petitioners. Carefully gone through the order impugned and record of the trial Court.

(3.) LEARNED public prosecutor has relied on decisions of Hon'ble Supreme Court in State of Himachal Pradesh vs. Shri Pirthi Chand and another, AIR 1996 SC 977 and in Md. Malek Mondal vs. Pranjal Bardalal and another 2005 Cr. L. J. 2613 (SC ).