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H.S. Grewal, J.

1. This revision petition has been filed under Section 401 Cr.P.C. seeking setting aside of the order dated 25.02.2022 passed by the learned Judge, Special Court, Faridkot, whereby the application filed by the petitioner for his discharge and release from custody and charges have been framed against the petitioner in case FIR No.104 dated 23.05.2021, registered under Section 22(C) of the NDPS Act, 1985 (Section 29 of the NDPS Act added later on), at Police Station City Kotkapura, District Faridkot.

2. The case of the prosecution is that on 23.05.2021, a police party headed by the SI Kulbir Chand was present near Mandi Gate, Kotkapura, in connection with patrolling duty. During that time, a canter vehicle was noticed approaching from the Bathinda side. The said vehicle was signalled to stop, whereupon the police apprehended the occupants, namely, Jaspal Singh @ Rinku and Harjinder Singh @ Kala. It is alleged that upon conducting a search of the vehicle, five boxes containing Lomotil tablets (total 30000 tablets) were recovered from the front side near the conductor seat, and 17 strips of Lomotil tablets were also recovered from the dashboard of the vehicle. Thus, the total recovery of 31,020 intoxicant tablets were allegedly recovered from the possession of Jaspal Singh @ Rinku and Harjinder Singh @ Kala.

3. During the course of investigation, co-accused Harjinder Singh @ Kala suffered a disclosure statement on 23.05.2021 to the effect that the recovered tablets had been purchased from the petitioner-Anil Kaushik, who is proprietor of Anil Medical Store, Delhi. On the basis of the said disclosure statement, the petitioner was nominated as an accused in the present case under Section 29 of the NDPS Act vide rapat No.38 dated 23.05.2021 on allegations of illegal supply of the contraband substance. Thereafter the investigating agency proceeded to Delhi and conducted a search at the petitioner’s premises, from where 184 strips of Lomotil tablets (total 11040 tablets), 06 strips of Alprazolam tablets (total 360 tablets), 11 strips of Tramadol Hydrochloride tablets (total 550 tablets) and two boxes of Dicyclomine Hydrochloride Tramadol Hydrochloride and Acetaminophen capsules (total 480 capsules), as per the disclosure statement, from the store room of his residential house, on the back side of his shop, were recovered and the same was taken into police possession and the petitioner was arrested.

4. Upon receipt of report of RTFSL, Bathinda and after completion of investigation, report under Section 173 Cr.P.C. was presented in the Court on 12.11.2021 against all the accused persons, but brother of the petitioner, namely, Manish Kaushik moved an application before the DIG, Faridkot for conducting enquiry regarding the innocence of the present petitioner. In pursuant thereto, an enquiry was conducted through DSP Avtar Chand and it was found that Anil Kumar Kaushik is holding a valid license and the licence was also verified to be correct by the concerned authorities. However, the licence which was produced by co-accused Harjinder Singh @ Kala regarding purchase of medicines from the present petitioner was found to be fictitious. Thereafter, the petitioner was found innocent and special report under Section 173(8) was presented in the Court, but the same was not believed and SI Kulbir Chand, Investigating Officer was summoned for recording of his statement who stated that he had not agreed with the report under Section 173(8) Cr.P.C.

5. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case and has no connection whatsoever with the alleged offence. It is submitted that the petitioner has been nominated solely on the basis of the disclosure statement allegedly made by the co-accused, which by itself carries no evidentiary value unless duly corroborated by independent material. It is further submitted that except for the disclosure statement