Sandeep Mehta, J. - (1.) The concerned Police Officer is present in the Court with the case diary of F.I.R. No. 105/2014 registered at the Police Station Banad.
(2.) The petitioner has approached this Court by way of this revision for challenging the legality and validity of the order dated 31.8.2016 passed by the learned Special Judge, N.D.P.S. Cases, Jodhpur in Sessions Case No. 21/2015 whereby, the petitioner was charged for the offences under Sections 8/15 read with 25 of the N.D.P.S. Act so also for quashing the proceedings of the said case to the extent of the petitioner.
(3.) The petitioner has set up a case that he had purchased a Tata Xenon Vehicle bearing registration No. RJ19.GD.2222 from one Rajjak Mohd. through an agreement dated 13.12.2013. The petitioner handed over the vehicle to one Asuram on 18.1.2014 for being run on hire. Asuram failed to pay rent to the petitioner and also did not return the vehicle on which, the petitioner lodged an F.I.R. No. 105/2014 at the P.S. Banad on 5.6.2014. The investigation of the said F.I.R. was still underway and during that period, the vehicle was seized by the Officers of the P.S. Bhopalgarh while being used for transporting poppy straw and based on such recovery, F.I.R. No. 199 dated 14.9.2014 came to be lodged at the P.S. Bhopalgarh for the offence under Section 8/15 of the N.D.P.S. Act. Based on the agreement of purchase of the offending vehicle executed in favour of the petitioner, the Investigating Officer filed charge-sheet against him for the offence under Section 8/25 of the N.D.P.S. Act. It may be stated here that a charge-sheet has been filed against Asuram and Manohar for the offences under Sections 379, 380, 406 and 420 I.P.C. after investigation of the F.I.R. No. 105/2014. In the meantime, the learned Special Judge, N.D.P.S. Cases, Jodhpur directed framing of charges against the petitioner by order dated 31.8.2016 which reads as under : - The said order is challenged in the instant revision.;