1. - This revision petition has been filed against the order dated 25.7.2011 whereby the cognizance has been taken against the present petitioner for the offences under Section 8/25 of the N.D.P.S. Act and standing warrant has been issued.

2. Brief facts of the case are that. on 11.10.2010 the police made a search of Scorpio vehicle No. GJ 5 CS-8584 and found 10 gunny begs of poppy husk and recovered total 3 quintals 99 kgs. 450 gms. Poppy husk. F.I.R. has been registered under the N.D.P.S. Act and after investigation, charge sheet has been filed against the present petitioner for the said offences under Section 299, Cr.P.C. on the ground that he is the registered owner.

3. Heard learned counsel for the parties.

4. The main contention of the present petitioner is that the order of cognizance is per-se illegal as charge-sheet has been filed against the present petitioner and other co-accused on 22.4.2011, but on that day cognizance has not been taken against the present petitioner and on 25.7.2011 cognizance has been taken against the present petitioner which is against the settled provisions of Section 319 Cr.P.C.

5. There is no dispute about the above proposition that once co