The learned Additional Sessions Judge, Panckhula while dealing
with a complaint, filed by the respondent-State through Drug Control Officer,
has observed that a prima facie case for framing of charge for the commission
of offence punishable under Sections 28, 27(b) (ii) and 28-B of Drug and
Cosmetics Act 1940 is made out against the petitioner. The petitioner is
aggrieved of the above mentioned order, hence the present petition under
Section 482 of Cr.P.C. for quashing of aforementioned order.
2. In nut-shell the facts emerging from record are that on 31.08.2015
the accused a team of police officials received a tip-off from a source that the
petitioner was carrying some narcotic substance. As per the case projected, by
the police acting upon the above mentioned information the accused was
apprehended along with a polythene bag and when the contents of the bag
were checked it was found that in the above mentioned polythene bag there
1 of 10
were narcotic drugs, currency notes and other medicines. According to the
case set-out by the prosecution during the course of above mentioned recovery
process/investigation, the petitioner-accused, hereinafter being referred to as
‘petitioner’ only, fled from the spot. In view of above mentioned happening
two cases were registered against the petitioner; one case was vide FIR No.175
dated 01.09.2015, for the commission of offence punishable under Sections 22
of Narcotic Drugs & Psychotropic Substances Act, 1985, hereinafter being
referred to as NDPS Act, and the another was vide FIR i.e. FIR No.176 dated
02.09.2015 for the commission of offence punishable under Section 224, 225,
420 IPC and Section 181 of Motor Vehicles Act.