Point of Law: Power under Section 173(8) Cr.P.C. has been circumscribed and limited till the stage the trial actually commences.

ORDER :

By way of instant petition, petitioner has sought quashing of charges framed against him by learned Special Judge-II, Kullu, under Sections 8, 20 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).

2. The record reveals that petitioner has been charged by learned Special Judge-II, Kullu, on 30.8.2019 in case titled NCB vs. Amar Nath & another for offences under Sections 8, 20 and 29 of the NDPS Act.

3. The petition, as filed before this Court, initially was under Section 401 read with Section 482 Cr.P.C. with prayer to quash the proceedings pending before learned Special Judge-II, Kullu, in addition to quashing of charges framed against him. On 27.8.2020, the following order came to be passed by this Court :-

“Learned counsel for the petitioner submits that this petition may be treated as a Criminal Revision Petition filed under Section 397 of the Code of Criminal Procedure. Prayer so made is allowed. Learned counsel for the petitioner is permitted to make necessary alterations/ amendments in the petition in the Court itself today. Registry is directed to make necessary entries in the register by treating this petition as a Criminal Revision Petition.”

As a consequence of aforesaid conduct of petitioner, the left out limited prayer sought by petitioner is to quash charges dated 30.8.2019, framed against him by learned Special Judge-II, Kullu.

4. The revisional power of this Court emanates from Section 397 of Cr.P.C., whereunder this Court is empowered to call for and examine the records of any proceeding before any inferior Criminal Court, situate within its local jurisdiction for the purpose of satisfying itself, as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed and as to the regularity of any proceeding of such inferior court.

5. Petitioner in the instant petition has sought quashing of the charges framed against him on 30.8.2019. The procedure of framing of charges was preceded by an order passed by learned Special Judge-II, Kullu on 30.8.2019. The framing of charges was a consequence of the aforesaid order. However, there is no prayer made in the petition for setting aside said order. Assumingly, the prayer to quash charges framed against petitioner on 30.8.2019 includes prayer to quash order dated 30.8.2019, the ground of challenge raised on behalf of the petitioner at the time of hearing is twofold. Firstly, that from the contents of complaint itself, no case is made out against the petitioner. Special reference has been made to contents of para-55 of the complaint, which reads as under: -

“55. That from the above facts forming part of the Complaint it is clear that the accused persons are liable to be tried, convicted & punished for offences punishable under section 8, 20 & 29 of NDPS Act 1985. The guilt of the accused persons Amar nath @ Amri s/o Rup Chand and Mohar Singh @ Pujari s/o Devi Ram would be established by their confessional statement recorded u/s 67 of NDPS Act.”

Secondly, it is submitted that the complaint filed against the petitioner on behalf of the respondent is not maintainable in light of law laid down by a Division Bench of this Court in Khekh Ram vs. Narcotics Central Bureau & another, 2018 (1) Shimla Law Cases 219. It is alleged that the complaint has been filed without prior express permission of the Court and secondly,

6. While exercising the revisional jurisdiction, this Court will confine itself to adjudge whether the order impugned in the instant petition is correct, legal and proper?

7. Sections 227 and 228 of the Cr.P.C. empower the Sessions Judge to either discharge the accused or frame charges against him after consideration of the records of the case, documents submitted therewith and hearing the submissions of the accused and prosecution in this behalf. Perusal of order dated 30.8.2019, which finds place at page No.9 of the paper book, reveals that the same has been passed by learned Special Jud