BASANT LAL BARNWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present Criminal revision Application is directed against the order impugned passed by the Special judge, Bokaro in G. R. No. 398/05 arising out of Chas P. S. Case No. 66/05 registered under Sections 21, 22, 26 and 27, N. D. P. S. Act on 7. 7. 2006 whereby and whereunder the petition filed under Section 227 of the code of Criminal Procedure for the discharge of the petitioners was rejected and a date was fixed for framing of charge against the petitioners for the offence under section 22 of the NDPS Act for contravention of the provisions in relation to psychotropic substances.

(2.) THE prosecution story lies in a narrow compass.

(3.) THE Chas police intercepted six persons on tip off from a public lane on 16. 4. 2005 who were addicted in common habit of taking "fortwin" injections with the help of disposable syringes having its popular brand name "'pentazocine" On such arrest all the six, confessed having been habitual of taking such psychotropic drugs and further admitted having purchased the same without prescription of a registered doctor from the shop of the petitioners named and styled as Rajesh Medico, gandhipath, Chas. Pursuant to such confessional statement the police conducted raid on the same day in the shop of the petitioners from where six packets, each containing 12 injections vial with separate 8 vials were seized in presence of the petitioners with the same and similar batch number as it were recovered from the possession of the accused. Seizure list was prepared in presence of the witnesses and the petitioners who were present in the "rajesh medico" were forwarded to judicial custody.