(1.) The petitioner has preferred this misc. petition under section 482 of Cr.P.C., 1973 for quashing the criminal proceedings against the petitioner pursuant to the charge-sheet No.81/2013 dated 19.09.2013 arising out of FIR No.85/2013 lodged at Police Station Rathanjana, District Pratapgarh for the offence under Section 8/15 NDPS Act,1985.
(2.) Learned counsel for the petitioner submits that the matter is squarely covered by the judgment passed by this Court in Gopalors. v. State of Rajasthan (Criminal misc. Petition No. 3073/2014) decided on 1.09.2017.3. This Court on 1.09.2017 has passed the following order in Gopalors. v. State (Supra):-
(3.) The brief facts of the case as noticed by this Court are that on 10.09.2011, a police team headed by Sub-Inspector Kamal Chand of Police Station Nimbaheda along with other Head Constables and Constables conducted a Nakabandi in which a Maruti Zen Car bearing registration No.MP 09 HB 3330 coming from Neemuch was stopped by Kamal Chand, Sub-Inspector. When the said car did not stop, it was forced to stop and on search in front of independent Motbir, it was revealed that there was a plastic bag containing three polythene bags having contraband weighing 14 kilograms along with two samples of 30 grams each separately. And the remaining articles and samples were sealed. All the four petitioners were arrested and given a notice under Section 52 of the NDPS Act. Six persons were taken to the police station where a case No.552/2011 for the offence under Section 8/18 of the NDPS Act was registered and the seized articles were deposited in the Malkhana. The petitioners have been charge-sheeted for the offences under Sections 8/188/25 of the NDPS Act. The criminal trial is going on after registration of criminal case No.22/2012."