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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE ASHUTOSH KUMAR, J
Matru Sansi @ Geeta Wife of Shri Jagdish Sansi – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. The present revision petition has been filed by petitioner challenging the order dated 25.07.2024 passed by the Additional District & Sessions Judge No.10, Jaipur Metropolitan-I (Headquarter Sanganer), Jaipur (hereinafter referred to as the 'trial Court') by which the present petitioner has been charged for the offence punishable under Section 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act of 1985').
2. Learned counsel for the petitioner submitted that as per the prosecution story, on 18.09.2023, the contraband was recovered from the possession of the accused persons namely Kushal Singh and Badal Khan and during investigation, the accused persons informed the Investigating Officer that the alleged recovered contraband was to be delivered to the present petitioner. Learned counsel also submitted that merely on the statement of the co- accused persons, the charge has been framed against the present petitioner for the offence punishable under Section 8/29 of the Act of 1985.
3. Learned counsel for the petitioner contended that initially, the charge-sheet has been filed only against the co-accused persons and the investigat
Charges cannot be framed solely on the basis of co-accused statements without corroborating evidence.
At the charge-framing stage, the court evaluates if uncontroverted allegations establish an offence, without detailed examination of evidence.
Courts should not quash NDPS charge sheets based on factual disputes or procedural claims at pre-trial stage if basic ingredients appear made out.
Confessional statements to police are inadmissible under Section 25 of the Evidence Act, impacting the sufficiency of evidence for drug-related charges.
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.
The central legal point established in the judgment is the requirement for evidence of conspiracy to charge under Section 20(b)(ii)(B) of the NDPS Act.
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