Ridhm Rana vs State (Nct Of Delhi) on 26 November, 2021

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Delhi High Court - Orders

Ridhm Rana vs State (Nct Of Delhi) on 26 November, 2021

Bench: Subramonium Prasad

$~36
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CRL.REV.P. 385/2021
     RIDHM RANA                                 ..... Petitioner
                     Through Mr. S. S. Das, Ms. Ria Das and Ms.
                             Sia Das, Advocates
                     versus
       STATE (NCT OF DELHI)                            ..... Respondent
                     Through           Mr. Amit Chadha, APP for the State
                                       with SI Anuj Chhikara, IGIS Crime
                                       Branch
    CORAM:
    HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                ORDER

% 26.11.2021 CRL.M.A. 18867/2021 (Exemption) Allowed, subject to all just exceptions.

CRL.REV.P. 385/2021

1. This petition under Section 397/401 Cr.P.C is directed against the order on charge dated 23.10.2021, passed by the learned Special Judge (NDPS), Patiala House Courts, and order dated 27.10.2021 framing charges against the petitioner for an offence under Section 20(c) and 29 of the NDPS Act.

2. The learned counsel for the petitioner states that it is the case of the prosecution that the petitioner was caught with 750 grams of charas, which is not a commercial quantity. The co-accused has been caught with 456 grams of Charas He states that the learned Special Judge, while passing the order on charge, has stated that prima facie a case under Section 20(c) read with Section 29 of the NDPS Act is made out against the petitioner herein. He states that the learned Trial Court has added the quantity of charas which was recovered from the co-accused, to the quantity of charas recovered CRL.REV.P. 385/2021 Page 1 of 2 from the petitioner herein, which is not permissible. He states that the petitioner can be charged only for the quantity of charas which is recovered from him i.e. 750 gms. He further states that though while passing the order on charge the learned Special Judge has noted that prima facie a case under Section 20(c) read with Section 29 of the NDPS Act is made out against the petitioner herein, however, at the time of framing of charges, there is an omnibus finding that charges under Section 20 of the NDPS Act can be made out. He, therefore, states that the order dated 23.10.2021 has to be set aside and modified suitably.

3. Per contra, Mr. Amit Chadha, learned APP for the State, submits that since the petitioner has been charged with Section 29 of the NDPS Act, total quantity of charas recovered from both the accused has to be seen and cannot be restricted to the quantity which has been recovered from the petitioner.

4. Issue Notice.

5. Mr. Amit Chadha, learned APP for the State, accepts notice and seeks time to file a Status Report.

6. Let the Status Report be filed within three weeks.

7. Both the parties are directed to file written submissions and copies of the judgments, they seek to place reliance on.

8. List on 01.02.2022, for final disposal.

9. Be it noted that this order cannot be construed as an order staying the trial.

SUBRAMONIUM PRASAD, J NOVEMBER 26, 2021 Rahul CRL.REV.P. 385/2021 Page 2 of 2

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Delhi High Court - Orders