The main legal point established in the judgment is the interpretation of the provisions of the ND & PS Act and their application in deciding on the framing of charges against the petitioner.

JUDGMENT :

M.V. Muralidaran, J.

1. This Criminal Revision Petition has been filed by the petitioner, who has been arrayed as accused No. 14 in S.T. No. 34 of 2016 on the file of the learned Special Judge, ND & PS, Manipur preferred against the order dated 3.4.2019, whereby ordering to frame charges under Sections 420, 468, 471 read with Section 34 IPC and Section 22(c) and 29 of ND & PS Act.

2. The contention of the petitioner is that the view taken by the learned Special Judge is manifestly wrong and as such it has led to miscarriage of justice and therefore, the petitioner is entitled to discharge as there are no materials/evidence to frame charges under Sections 420, 468, 471 read with Section 34 IPC and Section 22(c) and 29 of ND & PS Act against the petitioner. In fact, no presence of the essential ingredients of the offences were on record and no grounds for presuming that the petitioner has committed the alleged offences. Further contention of the petitioner is the materials and documents produced by the prosecution cannot be said to be the facts attracting the ingredients of provisions in Sections 420, 468, 471 read with Section 34 IPC and Sections 22(c) and 29 of ND & PS Act. However, the learned Special Judge, without considering the relevant materials and the real involvement of the petitioner in the alleged crime, wrongly ordered to frame charges against the petitioner also and if it is allowed to frame charges against the petitioner, he would put to much hardship and he has to unnecessarily face the trial of the case.

3. Per contra, the learned counsel for the CBI submitted that there are lot of materials to connect the petitioner with the other accused particularly accused No. 3 for commission of the offence and having considered the statements of witnesses, the learned Special Judge has rightly framed charges against all the accused including the petitioner. Since the order of framing charges against the petitioner is in accordance with law, there is no necessity to interfere with the order of the learned Special Judge insofar as the petitioner is concerned. He would submit that the prosecution is ready to establish its case against the accused persons including the petitioner.

4. Heard the learned counsel for either parties and also perused the materials available on record.

5. According to the respondent CBI, the accused Nos. 1, 2, 4, 5, 6 and 7 were well acquainted with each other. Accused Nos. 1 and 2 were also acquainted with accused No. 3 and had loaded the Tata Safari of accused No. 3 with drugs after changing the registration number plate. Accused No. 14 (petitioner herein), who is the Proprietor of M/s. Ananda Medical Stores, Imphal, Manipur, was involved in the sale of Ektamin with batch No. 7072 recovered from accused No. 3 by forging documents and cheating with a common intention to possess, sell or export illegal drugs and there are enough materials to frame charges against him.

6. It is seen from the records that on 24.02.2013, on getting information about plying of some vehicles on NH-102 from Imphal to Moreh loaded with illegal drugs, a mobile check post was launched under the supervision of Deputy Superintendent of Police, Operations, Thoubal along with the Inspector of Police and team in front of Pallei Police station. At around 7.30 A.M., one white colour Bolero bearing registration No. AS-01BA 8699 with sticker written "Army" in front of glass was stopped for frisking in front of Pallei Police Station. During check, the following eight pockets containing illegal drugs were recovered:

(i) 6400 strips of Respifed Pseudoephedrine tablets packed inside a white plastic rice bag.

(ii) 9000 strips of Polyfed-C Pseudoephedrine tablets packed inside a brown paper box.

(iii) 9300 strips of Polyfed-C Pseudoephedrine tablets packed inside a brown paper box.

(iv) 9000 strips of Polyfed-C Pseudoephedrine tablets packed inside a brown paper box.

(v) 8700 strips of Polyfed-C Pseudoephedrine tablets packed inside a brown