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2007 Supreme(Raj) 311

R.S.CHAUHAN
Nisar Ahmad – Appellant
Versus
Narcotic Control Bureau, Jodhpur – Respondent


Advocates Appeared:
Anil Upman, for Petitioner Sushil Sharma, for Respondent

Honble CHAUHAN, J.–The petitioner is challenging the order dated 23.4.2005 passed by the Special Judge of N.D.P.S. Cases, Jaipur whereby the learned Judge has framed the charges against him for offences under Section 8/21 with the aid of Section 8/29 of the Narcotic Drugs & Psychotropic Substance Act (henceforth to be referred to as ``the Act, for short).

(2). In a nutshell, the facts of the case are that on 4.9.2004 the Narcotic Control Bureau (henceforth to be referred to as ``the Bureau, for short) searched a truck at the P.W.D. Dak Bungalow, Jaipur between 12.00 to 2.30 P.M. Allegedly, they recovered 4.2 kg. of heroin. Since heroin was recovered from the truck, its driver Prahlad Singh was arrested. Earlier in the day and far away at 8.10 P.M., the petitioner was arrested at old Delhi Railway Station. His statement was recorded under Section 67 of the Act. The said statement is incriminatory in nature. Subsequently, the Intelligence Officer, Narendra Kumar Sharma, submitted a complaint before the Special Court of N.D.P.S. Cases, Jaipur against the petitioner and few others. After hearing the arguments on the framing of charge, vide order dated 23.4.2005, the learned Judge framed








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