01. Petitioner, facing trial, as one of the accused, in a case titled ‘NCB V.
Sukhjinder Singh & Ors.’ before the Court of learned Principal
Sessions Judge, Samba, arising out of NCR Crime No.4/2023 dated
13.06.2023 under Sections 8/21/29/60 NDPS Act, 1985, has
challenged the order dated 24.11.2025 passed by the Trial Court,
whereby charges have been framed against him under Sections
8/21/29/60 NDPS Act.
02. The impugned order has been assailed on various grounds that no
contraband had been recovered from him and he was merely shown as
an intended receiver under a conspiracy, regarding which, no proof
was placed on record, as conspiracy and abetment require independent
corroboration; that the case had been based against the accused
squarely on the statements of co-accused recorded under Section 67 of
NDPS Act, which in view of Toofan Singh judgment of the Apex
court are inadmissible in evidence; that there was no independent and
corroborative evidence to link the petitioner to the commission of the
crime; that the CDR details placed on record were not of the details of
the petitioner’s mobile phone; and finally it was prayed to quash the
order impugned whereby the petitioner had been charge sheeted.
