SUNIL KUMAR GARG,J. - (1.) This revision petition has been field by the petitioner - Rajkumar (hereinafter referred to as the added 'accused-petitioner') against the order dated 20.12.2001 passed by the learned Special Judge, NDPS Cases Sri Ganganagar by which the learned Special Judge suo moto exercising the power under section. 319 Criminal Penal Code took cognizance against the petitioner for offence under sections. 8/15 and 25 of the NDPS Act, 1985.
(2.) The facts giving rise to this revision petition are as follows : (i) On 17.5.2002 at about 3 O'clock, one jeep came from 365 RD to 350 RD. In that jeep, two persons were sitting. When the custom range Officers stopped the jeep, one person ran away and another person Rajendra Kumar was caught hold and he said that the person who ran away was Raj Kumar. Then a search was taken of the jeep and 36 kg. of poppy husk was recovered and statement of Rajendra Kumar was also recorded. In that statement the fact that the owner of the jeep was added accused-petitioner has also come in picture. After usual investigation, the Custom Department submitted a challan for offence under section. 8/15 of the NDPS Act only against accused-Rajendra Kumar and not against present accused-petitioner.
(3.) After the challan was filed and before the charges were framed, the learned Special Judge took cognizance against the present accused-petitioner on 2.11.2000, but that order was set aside in criminal revision No. 656/2000 by this Court vide judgment dated 13.7.2001 and it was observed by this Court that it would be left open to the learned trial Court to proceed against any person other than accused persons facing trial under section. 319 Criminal Penal Code as and when if any occasion arises.;