DR. BRIJ BHUSHAN BANSAL Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) Brief facts of the case are that as per the prosecution case, on 19.04.2005 on the secret information, a team of Narcotic Control Bureau was constituted in the leadership of Narendra Kumar Sharma, Intelligence Officer and the house and the shop of Yatindra Kumar, who is son -in -law of the petitioner, have been searched and it has been alleged that during the course of search, tablets namely Alprazolam, Diazepam, Zolpitem, PWC, Ativan and Alpix were found and on the charge of having possession of these medicines, Yatindra Kumar has been arrested and on 20.04.2005, wife and father of Yatindra Kumar have also been arrested and ultimately a complaint was submitted in the Court of Special Judge, NDPS Cases on 14.10.2005 for the offences under Ss. 8C/22 and 8C/29 of the NDPS Act by the complainant Narendra Kumar Sharma, Intelligence Officer. Thereafter vide order dated 20.09.2006, charges were framed against the petitioner for the offences under Ss. 8/22 and 8/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short 'the NDPS Act').

(2.) The aforesaid charge order dated 20.09.2006 was assailed by the petitioner by way of filing criminal revision petition before this Court and the same was registered as S.B.Criminal Revision Petition No. 326/2007 -Dr.Brij Bhushan Bansal Vs. Union of India, and vide order dated 31.05.2007, this Court while accepting the aforesaid criminal revision petition, has observed that the impugned order dated 20.09.2006 passed by the Special Judge (NDPS) Cases, Jaipur deserves to be quashed and set aside and the same is hereby quashed and set aside and the matter is remanded back to the trial Court for fresh adjudication after giving due consideration to the Schedule -I appended to the NDPS Rules and considering all the legal and just objections/submissions raised by the respective parties shall pass fresh order in accordance with the provisions of law.

(3.) After remanding the case, the trial Court having heard rival submissions of the respective parties and having considered the just and legal submissions/objections raised by the petitioner, framed charges for the offences under Ss. 8/22,8/23 and 8/29 of the NDPS Act against the accused -petitioner vide its order impugned dated 31.08.2007.