MOHAN GIRI AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the instant miscellaneous petition under Section 482 CrPC, petitioner Mohan Giri has approached this court seeking to challenge the further proceedings including the charge-sheet etc. in pursuance of the FIR No.221/2002 registered at Police Station Kapasan, District Chittorgarh against the petitioner for the offence under Section 8/25 of the NDPS Act so also the proceedings of the Sessions Case No.59/2002 pending in the court of Special Judge, NDPS Cases, Chittorgarh.

(2.) Facts in brief are that Bhanwar Singh, ASI, Police Station Kapasan, allegedly recovered contraband poppy straw weighing 1 quintal 83 kg 100 gm from a Jeep bearing registration No. RJ 12 CO 515, which was abandoned by its 3 occupants on seeing the police party. On search of the jeep being taken, the registration certificate thereof was recovered and it was found that the vehicle was registered in the name of Mohan Nath S/o Chaman Nath, resident of Village Fedani, Tehsil Bheenmal. Enquiry was made from Mohan Nath, who stated that he had sold the vehicle to one Naina Ram. An agreement dated 05.01.2002 for evidencing the sale was also presented by Mohan Nath to the Investigating Officer. Naina Ram was interrogated and he in turn, admitted that he had purchased the vehicle from Mohan Nath. However, subsequently, Naina Ram presented an agreement dated 26.02002, as per which the jeep in question had been sold to the petitioner. It is relevant to mention here that the said agreement, which was exhibited as Ex.P18 does not bear either the signature or the thumb impression of the present petitioner. Be that as it may, significant it is to note that during course of the trial, the registered owner of the offending vehicle, namely Mohan Nath, submitted an application under Section 451 CrPC before the trial court and took possession of the jeep on Supurdginama under the order dated 19.12002 passed by the trial court. After trial, the two charge-sheeted accused Kanaram and Madan Singh, who were charged for the offence under Section 8/15 of NDPS Act were acquitted by the trial court vide judgment dated 06.11.2004. The Investigating Officer has thereafter proceeded to file charge-sheet in abscondance under Section 299 CrPC against the petitioner for the purported offence under Section 8/25 of the NDPS Act.

(3.) The petitioner has approached this court by way of the instant miscellaneous petition for challenging the proceedings of the above charge-sheet. Mr. Kanaram, learned counsel representing the petitioner, vehemently urged that ex facie allowing the proceedings of the charge-sheet to be continued against the petitioner is nothing short of a gross abuse of process of law. He contended that from the admitted facts as narrated above, it is evident that the vehicle stood registered in the name of Mohan Nath. Mohan Nath claimed to have sold the vehicle to Naina Ram, who in turn claimed that he sold the same to the petitioner through an agreement dated 26.02.2002. However, as per Mr. Kumbhat, the said sale letter is totally false and fabricated. The petitioner never purchased the offending vehicle from Naina Ram. He referred to the application filed by Mohan Nath, the registered owner in the trial court under Section 451 CrPC and urged that had there been an iota of truth in the assertion that the vehicle had been sold by Mohan Nath, then he would not have moved the application for seeking custody of the vehicle. Furthermore, in the said application, there is no reference of the alleged sale. Thus, as per Mr. Kumbhat, the entire story set up by the aforesaid Mohan Nath duiring investigation of him having sold the vehicle to Naina Ram and Naina Ram having sold the same to the petitioner is false, fabricated and concocted and has been created by these two persons in connivance with the Investigating Officer to save their own skin. He, thus, craves quashing of the impugned charge-sheet qua the petitioner.