IN THE HIGH COURT OF MADHYA PRADESH A T J A B A L P U R BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT CRIMINAL REVISION No. 1738 of 2023 BETWEEN:-

1. DUBRAJ SINGH PATEL S/O SHRI RAMAVTAR PATEL, AGED ABOUT 33 YEARS, OCCUPATION: BUSINESS (DRUGGIST) R/O VILLAGE DHUMMA KUSPARI POLICE STATION KAMARJI DISTRICT SIDHI (MADHYA PRADESH).

2. PAPPU SAHU S/O SHRI RAMAI SAHU, AGED ABOUT 39 YEARS, OCCUPATION: CULTIVATION R/O VILLAGE PATEHRA KALA POLICE STATION KOTWALI DISTRICT SIDHI (MADHYA PRADESH)

…..PETITIONERS (BY SHRI RAKESH DWIVEDI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH STATION HOUSE OFFICER P.S. CHORHATA DISTRICT REWA (MADHYA PRADESH).

..… RESPONDENT (BY SHRI D.K. PAROUHA - GOVERNMENT ADVOCATE )

CRIMINAL REVISION No. 3700 of 2022 BETWEEN:-

JITENDRA GUPTA S/O SHRI RAMNIHORE GUPTA, AGED ABOUT 40 YEARS, OCCUPATION: BUSINESSMAN WARD NO. 4 KOTAR NUTAN COLONY SIDHI POLICE STATION KOTWALI 06.1SIDHI DISTRICT SIDHI (MADHYA PRADESH).

…..PETITIONER (BY SHRI B.K. VAISHYA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION CHORHATA DISTRICT REWA (MADHYA PRADESH).

..… RESPONDENT (BY SHRI D.K. PAROUHA - GOVERNMENT ADVOCATE )

CRIMINAL REVISION No. 3749 of 2022 BETWEEN:-

1. PARAS KUMAR RAWAT S/O SHRI RAVILAL RAWAT, AGED ABOUT 27 YEARS, OCCUPATION: DRIVER KOTWALI SIDHI POLICE STATION KOTWALI SIDHI DISTRICT SIDHI M.P. (MADHYA PRADESH).

2. PUNIT KEWAT S/O SHRI LALLU KEWAT, AGED ABOUT 22 YEARS, OCCUPATION: LABOUR R/O KOTWALI SIDHI P.S. KOTWALI SIDHI DISTRICT SIDHI M.P. (MADHYA PRADESH).

…..PETITIONERS (BY SHRI B.K. VAISHYA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION CHORHATA DISTRICT REWA M.P.

(MADHYA PRADESH).

..… RESPONDENT (BY SHRI D.K. PAROUHA - GOVERNMENT ADVOCATE ).

Reserved on : 06.12.2023 Pronounced on : 03.01.2024 These revision petitions having been heard and reserved for orders, coming on for pronouncement this day, the Court pronounced the following:

ORDER

Applicants Dubraj Singh Patel, Pappu Sahu, Jitendra Gupta, Paras Kumar Rawat and Punit Kewat had filed criminal revision against framing of charge vide order dated 06.09.2022 by Special Judge, NDPS Act, Rewa (M.P.). Charges under Section 8(C) and 21 of NDPS Act is framed against the applicants.

2. As per prosecution story, FIR is lodged on 16.07.2020 against applicants for committing offence under Section 5/13 of M.P. Drugs Control Act, 1949 and Sections 8, 21, 22, 25 and 25-A of NDPS Act, 1985. Police stopped one Pick-up vehicle bearing No. MP-53-GA-3222. Vehicle was driven by one Paras Kumar Rawat. Punit Kewat and Pappu Sahu were sitting in the vehicle and one Jitendra Kumar Gupta of Sidhi has directed them to take the vehicle to Rewa. They loaded 90 boxes of Onerex cough syrup having codeine. Said cough syrup is to be taken to one Dubraj Singh Patel of Sidhi. Vehicle and contraband substance was seized and accused Paras Kumar Rawat, Punit Kewat and Pappu Sahu were arrested.

3. Counsel appearing for the applicants Dubraj Singh Patel and Pappu Sahu submitted that Dubraj Singh Patel is a licensee wholesale druggist and was authorized person to transport cough syrup. No case is made out against the applicants. Business was run by applicant Dubraj Singh Patel under name and style of D.R. Medical Store. Applicant Dubraj Singh Patel has permission to sell drugs other than those which are specified in Schedule C, C(I) and X. Chemical codeine falls under Schedule H. Therefore, applicant's license was valid for selling Onerex cough syrup. It is submitted that applicants made order for purchase of medicines to Shri Shanti Nath Enterprises, Prem Nagar, Gali No.1, New Delhi. Thereafter, medicines was sent through transport Gurukripa Fright Movers, which was delivered at Shrivastav Transport at Chorhata, District Rewa on 14.7.2020. Copy of GST Invoice dated 13.7.2020 and bilty invoice dated 13.7.2020 were placed on record as Annexure A/5. It is submitted that on 15.7.2020, applicant no.1 hired a vehicle Pickup Van No.MP-53-GS-3222 for carrying said medicines from Rewa to Sidhi