SAURABH AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in the instant criminal revision petition filed by the accused petitioner under section 397 read with section 401 Cr.P.C. has been made to the order dated 15.11.2018 passed by the Court of learned Special Judge, N.D.P.S. Cases, Jaipur ('the learned trial court' for short) whereby the learned trial court has framed the charges against the accused petitioner for the offence under section 8(c)/29 of the N.D.P.S. Act.

(2.) Learned counsel for the petitioner submits that in the case in hand the recovery of smack has been made from the possession of the co-accused Rajesh Tanwar and the present petitioner has been implicated in the case only on the basis of confessional statement of the Rajesh Tanwar. Learned counsel submits that from the material available on record, it is clear that there is no evidence against the present petitioner. In support of his submissions, the learned counsel for the accused petitioner has placed reliance upon the following judgments:-

(3.) Learned Public Prosecutor appearing for the State opposed the submissions and supported the impugned order passed by the learned trial court.