kailash Chandra Joshi, J. - (1.) The instant revision petition has been preferred by the petitioner Mohammed Sabir s/o Abdul Bashir , r/o Kalu Ramji-ki-Babri, Soorsagar, Jodhpur against the order dated 09.11.2010 passed by the learned Special Judge, NDPS Cases, Chittorgarh passed in Criminal Case No.40/2008 whereby the learned Special Judge, framed charges against the petitioner for offence under section 8/15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act').
(2.) The brief facts giving rise to the present revision petition are that on 09.03.2003 one FIR was lodged at Police Station Badi-Sadri , District Chittorgarh on the written complaint made by complainant Hari Ram, wherein it was alleged that he is the licence holder of Theka Doda- Chura (Poppy )Husk) having its shop and godown at Badi -Sadri for the year 2002-2003, situated at Gopal Nagar. It was further stated that Guards were deputed for security and in the night at about 01.00 AM the Guards informed that thieves have broken the lock of the godown and they are loading doda-chura bags in the truck bearing No.RJ-19-9961. On receiving this message the complainant, along with his neighbor, rushed to the godown. The police chased the truck and caught the truck along with its driver Sohan Ram and cleaner Om Prakash and 43 bags of opium poppy husk were recovered . Sohan Ram informed that Hari Singh, Bhanwar Singh and Laxman Singh are also involved in the commission of the crime and the truck was owned by petitioner Mohammed Sabir.
(3.) During investigation, police issued notice to the petitioner under section 133 of Motor Vehicles Act, 1988 to which reply was filed by the petitioner stating that the truck in question was originally registered in the name of Devi Chand, which was then purchased by him and the said truck was driven by Sohan Lal and the driver had taken the truck on hire for carrying out his personal business. The police recorded the statement of the petitioner under section 161 Cr.P.C. The police after completion of investigation filed charge sheet against the main accused and also against the petitioner under section 8/25 of the NDPS Act.;