- (1.) LIST has been revised. None present for the revisionists.
(2.) THIS criminal revision has been filed against the order dated 6.1.2010 passed by Additional Sessions Judge, Fast Track Court No.1, Ballia in S.T. No.105 of 2009 (State Vs. Ajai Gupta and others), by which the application under Section 227 Cr.P.C. has been rejected. The grounds taken in the revision are that the impugned order is wholly illegal and without jurisdiction. The trial court has completely mis-read and mis-interpreted the materials on record. The medicines recovered from the possession of the revisionists were found to be of standard quality yet the court below has not considered this fact and no offence under Section 274, 275, 276 I.P.C. is made out. There is no material and evidence on record regarding any offence punishable under Sections 419, 420, 411 I.P.C. or Section 18 punishable under section 27 of Drugs and Cosmetics Act, 1940. Merely on the allegation that some of the drugs recovered from the house of the applicants are in the nature of intoxicants, the offence under section 8/21 of N.D.P.S. Act,1985 is also not made out. The order of the trial court is purely cryptic, erroneous and cannot be sustained in the eyes of law.
(3.) HEARD learned A.G.A. and perused the impugned order.;