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MANOJ KUMAR GARG
Manoj Bhai S/o Sh. Madan Lal Maheshwari – Appellant
Versus
Union Of India, Through NCB – Respondent
ORDER :
1. Instant criminal revision petition has been filed by the petitioner against the order dated 27.06.2023 passed by the learned Special Judge, NDPS Act Cases, Sanchore in Sessions Case No. 154/2022 whereby, the trial court has framed charges against the petitioner for offences under Sections 8/22 and 8/25 of NDPS Act so also the order dated 06.06.2023 whereby, the trial dismissed the application filed by petitioner under Section 227 Cr.P.C. for acquittal.
2. Brief facts of the case are that during inspection of medical store M/s Ganpati Medical Agency, certain psychotropic substance was recovered from the godown. FIR No.1/2022 was registered against the petitioner at CBN, Chittorgarh for offence under Sections 8/22 and 8/25 NDPS Act. After investigation, the police filed chargesheet against the petitioner. At the time of framing of charges, the petitioner filed an application under Section 227 Cr.P.C. for acquittal. However, the learned trial court dismissed the application vide order dated 06.06.2023 and framed charges against the petitioner for offence under Sections 8/22 and 8/25 NDPS Act.
3. Learned counsel for the petitioner submits that no offence under NDPS Act is made
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.
At the stage of framing charges, the truth, veracity, and the effect of the evidence are not to be meticulously examined, and strong suspicion is enough to frame a charge. The court is required to ev....
The court affirmed that at the charge framing stage, only a prima facie case is required, emphasizing that meticulous examination of evidence is not necessary.
The court established that at the charge framing stage, a strong suspicion of guilt suffices to proceed, without requiring proof of the allegations.
wherever a Court comes to conclusion that the process of Court is being abuses, the Court would be justified in refusing to proceed further and refused the party from pursuing the remedy in law.
At the stage of framing charges, only a strong suspicion of the accused committing an offense is required, and the final test of guilt is not applied at this stage.
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