PRADEEP KUMAR JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision against the order of learned Special Judge, NDPS Act Cases, Chittaurgarh passed on 25-9-1997 by which he framed charge against petitioner Pradeep Kumar Jain for offence under Section 8/29 of the NDPS Act.

(2.) I have heard the learned counsel for the petitioner as well as learned PP.

(3.) The case of the prosecution is that on 21-2-1997 Bus No. RJ-06-P-0555 was going from Chittaurgarh to Delhi. SHO of Police Station Chanderia checked it and found that 'Doda-Post' packed in four gunny bags weighing 104.800 gms. was being carried on the roof of the bus. The conductor and the driver of the bus informed that the goods belong to the passenger sitting on seat No. 19-20. Kalu was occupying those seats and admitted that the contraband belonged to him. He was taken in custody and was interrogated. On 23-2-1997 he informed that the contraband belonged to Pradeep Kumar Jain which was handed over to him to be carried to Delhi. These bags were handed over by Pradeep Kumar to Kalu at Mandsaur (M.P.). The learned Special Judge finding that since co-accused Kalu had led to the place in Mandsaur wherefrom the gunny bags were brought was a sufficient evidence to incriminate Pradeep Kumar Jain, framed charge against him.