Rajasthan High Court - Jodhpur
Yasin Khan vs State on 21 December, 2011
Author: Sandeep Mehta
Bench: Sandeep Mehta
1.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
:: O R D E R ::
S.B. CRIMINAL REVISION PETITION NO. 1358/2011
(Yasin Khan Vs. State of Rajasthan)
S.B. CRIMINAL REVISION PETITION
UNDER SECTION 397 READ WITH
SECTION 401 CR.P.C.
DATE OF ORDER : 21st December, 2011
PRESENT
HON'BLE MR. JUSTICE SANDEEP MEHTA
Mr. Lokesh Mathur, for the petitioner.
Mr. Mahipal Bishnoi, Public Prosecutor.
BY THE COURT :
The present revision petition has been filed by the petitioner challenging the order dated 03.09.2011 passed by the learned Special Judge, NDPS Cases, Sri Ganganagar in NDPS Case No.26/2011, whereby, he has framed the charge against the petitioner for the offence under Section 8/22 of the NDPS Act.
Another co-accused Jawahar Lal has also challenged the order dated 03.09.2011 framing charge against him for offence under Section 8/22 of the NDPS Act. This Court while considering the revision petition filed by Jawahar Lal 2. (S.B. Criminal Revision Petition No.1012/2011) challenging the said order has come to a conclusion that the recovered medicines Spasmo-Proxyvon and Parvon Spas are not covered under the definition of the psychotropic substances and thus has remanded the matter back to the learned trial court for fresh consideration of the charge. So far as Alprazolam tablets are concerned, this Court has held that recovered Alprazolam tablets fall within the category of the definition of the Psychotropic substances and the learned trial court has been directed to reconsider the matter in its entirety. The same questions are involved in the present revision petition as well.
Accordingly, this revision petition succeeds. The order dated 03.09.2011 passed by the learned Special Judge, NDPS Cases, Sri Ganganagar in NDPS Case No.26/2011, whereby, charge has been framed against the petitioner is hereby quashed and set aside.
The matter is remanded back to the learned trial Judge to pass a fresh order on the question of framing charge and while framing the charges, the question of framing charge under the Drugs and Cosmetics Act shall also be considered by the learned trial Judge.
(SANDEEP MEHTA), J.
ms rathore