SHYAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the order dated 6-2-1996 passed by the learned Special Judge, NDPS Act Cases, Pratapgarh whereby the learned Special Judge framed the charge of the offence u/S. 8/ 20 of the NDPS Act (for short Tthe ActT) against the petitioner:

(2.) The brief facts leading to this revision are that on a secret information being received by the Police the Additional Superintendent of Police, Pratapgarh along with police party trapped accused Bhanwar. Singh, and recovered 4.500 kgs, of contraband opium from him. On interrogation, accused Bhanwarsingh informed that he had purchased the above quantity of opium from one Gopal son of Fakirchandji resident of Supada (M.P.) in a sum of Rs. 24,000/. Gopal was also arrested on the same day at about 6.00 p.m. and he was also interrogated by the Incharge Police Station. Ranthajana and he informed the police, that he was doing this illegal trafficking of contraband opium with co accused Rajesh. Accordingly. Rajesh was also arrested on 10-12-1995 arid was interrogated by SHO, Police Station, Ranthanjana, during interrogation, Rajesh stated that Gopal borrowed a sum of Rs: 24,000/ from the petitioner for the purpose of purchasing the above opium. Thereupon Ute accused petitioner Shyam Lal was also arrested. This is the only material for implicating the accused petitioner in this case along with other accused - persons viz., Rajesh, Gopal, Bhanwar Singh and Shambhulal etc.

(3.) After investigation the police filed a challen against the petitioner also and learned Special Judge Framed the charge against the accused- petitioner for the offence u/s 8/20 of the Act by his order dated 6-2-1996. Hence this revision petition.