- (1.) THIS revision petition has been preferred against dated 9.1.2012 passed by learned Special Judge, N.D.P.S. Cases, Jodhpur whereby charge has been framed against the present petitioner and the application under Section 227, Cr.P.C. has been rejected.
(2.) SHORT facts of the case are that on the basis of source information, officials of the Police Station Mohangarh visited the house of Yarmohammed who is brother of the present petitioner. Yarmohammed made some discloser and packets of heroin were seized on the instance of Yarmohammed. Thereafter the present petitioner was also arrested on the basis of the alleged mobile connection and he has been charged for the offence under Sections 8,21,22,23 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short 'the N.D.P.S. Act'). The contention of the present petitioner is that there is no iota of evidence against the present petitioner. He has been implicated on the statement of the co -accused which is not admissible in evidence and further more, he has identified some places of incidence which are already in the knowledge of the investigating officer and hence no legal evidence is available against him and the charge should be quashed.
(3.) PER contra, the contention of the learned Public Prosecutor is that on the instance of the co -accused Yarmohammed contraband has been recovered from the land which was in possession and ownership of the present petitioner. Call details also suggest that the present petitioner has talked on various numbers on various occasions with co - accused and he has also talked some persons in Pakistan which clearly suggests his involvement in the offence.;