Sunil Garg, J. - (1.) This criminal revision petition No. 157/2004 under section 397 read with 401. Cr. P.C. has been filed on 19.3.2004 by the petitioners against the order dated 19.2.2004 passed by the learned District and Sessions Judge, Rajsamand in State v. Surja Ram and another Sessions Case No. 70/03 by which he ordered to frame charges for the offences under section 8/15 of Narcotic Drugs And Psychotropic Substances Act (hereinafter referred to as 'the Act of 1985') and consequential order by which charges were framed on 19.2.2004, be quashed and set aside.
(2.) It arises in the following circumstances: (i) That on 17.8.2003 Ratan Lal, S.H.O. P.S. Devgarh. District Rajsamand, after receiving a secret information from mukhbir that Poppy Husk was being carried by truck No. RJ 19-G-3845, made a Nakabandi and after stopping the truck on the road leading from Bhilwara to Jodhpur and that time the truck was being driven by the accused petitioner No. 1 Surja Ram and another accused petitioner Munni Ram was in that truck and that on being searched, 4000 Kg. Poppy Husk was recovered. (ii) That further case of the petitioners is that the truck in question at that time was being driven by Surja Ram and when it was stopped by the police he had the valid permit of carrying the Poppy Husk and Surja Ram also produced all the relevant documents showing that the Poppy Husk was issued by the authorised contractor Mithu Singh. Ganpat Lal and party of Pratapgarh (Chittorgarh) and the same was to carried authorised Poppy Husk contractor Jaswant Singh and party at Phalodi. District Jodhpur. It was further submitted by the learned Counsel for the petitioner that for transporting that Poppy Husk, the road route was Pratapgarh. Beawer, Bilara. Jodhpur, Phalodi and the permit was also issued for the same. (iii) That recovered Poppy Husk was seized by the police and after investigation the police filed challan against the accused petitioners for the offences under section 8/ 15 of Narcotic Drugs And Psychotropic Substances Act. The learned Trial Court after hearing the parties by its order dated 19.2.2004 framed charges under section 8/15 of Narcotic Drugs And Psychotropic Substances Act against the accused petitioners. (iv) That aggrieved from the order dated 19.2.2004 passed by the learned sessions Judge, Rajsamand. the petitioners have filed the present petition under section 397 read with 401, Cr. P.C. for quashing the charges as stated above.
(3.) The main case of the accused petitioners is that since they were authorised permit holders for carrying that Poppy Husk, therefore, no offence was committed by them. A bare perusal of the order dated 19.2.2004 by which charges were framed would reveal that the learned Trial Judge has observed that arguments on charge were heard, perused the file and a prima facie case for the offence under section 8/15 was made out against accused petitioners. The submissions which have been raised in this revision petition, in no manner have been mentioned by the learned Sessions Judge in the impugned order dated 19.2.2004. Thus, from this point of view something should have been said on the arguments which were raised by the learned Counsel for the petitioners at the time of passing the impugned order dated 19.2.2004 for the charges. In absence of any finding, the impugned order dated 19.2.2004 cannot be sustained and deserves to be set aside and the matter is to be remanded back for reconsideration.;