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MANOJ KUMAR GARG
Daya Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Instant misc. petitions under Section 482 Cr.P.C. have been filed by the petitioners for quashing the chargesheet No. 01/2021 presented before the court of learned Special Judge NDPS Cases, Bikaner and learned Additional Sessions Judge No.1, Bikaner respectively.
2. The police registered a FIR on 04.05.2021 against accused persons for offence under Section 8/22 of NDPS Act in relation to recovery of contraband tramadol hydrochloride tablets. On the basis of information under Section 27 of Evidence Act, police detained the petitioners. After completion of investigation, the police filed chargesheet against the petitioners on 11.08.2021.
3. Learned counsel for the petitioner submits that the police had seized the contraband and sent sample to FSL for chemical examination and presence of narcotic substance. However, as per report of FSL, the sample tablets gave positive test for the presence of Chlorpheniramine but the presence of Tramadol could not be detected in the sample tablets and that Chlorpheniramine is not listed under NDPS Act. Thus, it is prayed that further proceedings against the petitioners are liable to be dropped and the chargesheet is also liable to be quashed q
The trial court has the discretion to assess evidence and arguments before framing charges, and the presence of substances not listed under the NDPS Act does not automatically invalidate the chargesh....
At the charge framing stage, the court assesses whether there is a prima facie case based on the prosecution's evidence without detailed examination of the merits.
At the charge framing stage, only a prima facie case needs to be established, not a detailed examination of evidence, allowing for strong suspicion to justify proceeding with charges.
Petitioner's claim of personal use for seized narcotics was rejected; court deemed LSD a commercial quantity under NDPS Act, validating the ongoing investigation.
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