A charge of criminal conspiracy cannot be based on insufficient evidence.

1. - This is a petition by Khalid alias Rasheed under Section 482 of the Code of Criminal Procedure for quashing the order of Sessions Judge, Bikaner dated January 18, 1989 passed in Sessions Case No. 1 of 1989 (State v. Major Singh and Ors. ) where by he directed framing of charge of criminal conspiracy under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 to commit an offence under Chapter-IV of the said Act.

2. Facts in brief are that according to the prosecution Malluram Assistant Sub-Inspector gave an information on September 20, 1988 regarding some tracks to camel and two persons having been found near Indo-Pak International Border. On the evening of that day the Station House Officer, Poongal reached Chak 4 Pawli and found tracks going upto that place. This created suspicion in his mind that the camel and the two persons were in the same Abadi. The SHO and the Police party, therefore, surrounded this Chak and on the morning of September 21, 1988, they further found tracks in the fields of nursery peaching towards a Kotha on the agricultural land of Nichhatar Singh. The SHO found that a blue jeep was standing there and eight persons were loading some bags in the jeep. The SHO divided the Police party into two parts and reached near the place. The Police people knew from before Nishan Singh and Garni alias Gurnam Singh. They and one more person who were loading the bags, seeing the Police, ran away from the spot and could not be apprehended. Five persons were caught held of by the police party and they were Major Singh, Gurnam Singh alias Baldeo Singh, the jeep driver Kundan Lal, Nichhatar Singh and Balvinder Singh. Two bags were lying inside the jeep and two other bags were lying near the jeep. In all 311 packets were found. The packets were opened and smelt. It was found to be a brown coloured power and Major Singh also told that the third person who ran away was Balkar Singh. These 311 packets were weighed and samples were taken. The above named five persons were arrested. At the time of search of Major Singh, a diary was found in his possession in which address of Khalil and the petitioner was found written. Major Singh was taken to the house of Superintendent of Police, Bikaner by Hanumandutt Circle Officer, Bikaner. The Superintendent of Police had talks with Major Singh. Then Major Singh detailed the petitioner who was staying in Minerva Hotel Bombay by phone No. 393911. After the phone was connected at the hotel, Major Singh told the Manager of the hotel to connect him with the petitioner who was staying in room No. 8 of the hotel. The Manager of the hotel called the petitioner and Majo Singh talked with him on phone. Major Singh told him on phone about his welfare and further told that the goods had arrived and he himself would be reaching within 2 or 3 days. From the side of the petitioner welfare of Major Singh was asked and the Fetter was asked to reach early. It also appears that a VIP attache was also seized from Maruti Car No. DCB 6496. On this attache, name of Major Singh was written. Apart from some clothes a letter written in Urdu on lined paper was also found in the attache. The contents of that letter show that it was written by one Jamshed to Khalil. In this letter Jamshed had referred to bis talks with Khalil on phone. He also wrote that Major Singh agent of Khalil had met the man of Jamshed named Shareef. It was also mentioned that 311 packets of the goods had reached the house of Jogender Singh at Pawli which was a decided place on the night intervening 19th and 20th. Then it was written that Shareef and Garni will deliver these goods to Rayees at Minerva Hotel Bombay. When they reached Bombay with the goods, it was the responsibility of Rayees to settle the accounts. These are only three pieces of evidence on the basis of which challan was filed by the police against the petitioner Khalid alias Rasheed alias Rayees. On the basis of the documents filed along with the