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PUSHPENDRA SINGH BHATI
Rajan Kharbandha – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned
2. This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been preferred claiming the following relief:
3. Learned counsel for the petitioner submitted that on 03.09.2018, on National Highway No.458 near Chavandiya Kalian, a Honda City Car bearing registration No. DL 3C AK 7476, on the basis of secret information, was searched by the Station House Officer, Police Station, Jaitaran, District Pali, in which three plastic bags containing 35 kgs. 100 gms. of poppy straw was found, and accordingly, the said car alongwith the contraband was seized; on the basis of the said search and seizure, an FIR bearing No.
A prima facie case is sufficient for framing charges, and the burden of proof lies on the accused to establish lack of connection to the contraband.
At the charge-framing stage, the court evaluates if uncontroverted allegations establish an offence, without detailed examination of evidence.
Charges must be substantiated by legally admissible evidence, not mere suspicion or conjecture.
Compliance with Section 50 of the NDPS Act is required only when contraband is seized from a person, not from belongings.
Co-accused statements under Section 67 of the NDPS Act are inadmissible against another accused, and the court must only assess prima facie evidence at the charge framing stage.
Ganja - Power to proceed against other persons appearing to be guilty of offence - Section 319 Cr.P.C. is to be invoked sparingly ensuring that principles of rule of law and the basic tenets of crimi....
The right to a speedy trial is fundamental, but serious allegations under the NDPS Act necessitate the continuation of proceedings despite procedural flaws.
In narcotic drug cases, subsequent procedural non-compliance and shifting of occurrence location do not preclude ongoing trials; mandatory provisions of NDPS Act must be adhered to but are contextual....
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