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 loadin