VIJAY BISHNOI,J. - (1.) This criminal revision petition is filed by the petitioner being aggrieved with the orders dated 20.09.2016 and 03.10.2016 passed by Special Judge, NDPS Act Cases No.1, Chittorgarh (for short 'the trial court' hereinafter) in Sessions Case No.16/2009, whereby it has framed charges against the petitioner for the offence punishable under section 8/25 of the NDPS Act.
(2.) Brief facts of the case are that Police Station Kotwali, Chittorgarh has registered an FIR No.227/2008 against one Ghamanda Ram for the offence punishable under section 8/15 of the NDPS Act and Section 279 I.P.C. with the allegation that at 6:00 A.M., police received an information that a tanker bearing No.RJ- 09-G-2970 had collided with a shop near Senthi, Udaipur Road, Chittorgarh. After receiving the said information, S.H.O., Police Station, Kotwali, Chittorgarh reached the spot and searched the cabin of the tanker, where on the back seat of the driver a polythene bag containing 5 kgs. of poppy husk was recovered. Driver Ghamnda Ram was arrested by the police and during the course of investigation, the police had received an information that the petitioner is the registered owner of the tanker from which the contraband was recovered. A notice under Section 133 of the Motor Vehicles Act was served upon the petitioner, who informed the police that at the relevant date and time, the tanker was being driven by driver Ghamanda Ram. The police after conclusion of investigation filed charge-sheet against the petitioner for the offence punishable under section 8/25 of the NDPS Act. Cognizance was also taken against the petitioner for the aforesaid offence along with driver Ghamnda Ram, against whom cognizance was taken for the offence punishable under section 8/15 of the NDPS Act read with Section 279 I.P.C.
(3.) The trial court framed charges against the petitioner for the offence punishable under section 8/25 of the NDPS Act vide order dated 10.04.2014. The petitioner being aggrieved with the order dated 10.04.2014 preferred Criminal Revision Petition No.542/2014 before this Court, however, this Court vide order 09.07.2014 quashed the order dated 10.04.2014 and remanded the matter back to the trial court for passing a fresh order after taking into consideration the material available on record against the petitioner. Pursuant to the order passed by this Court on 09.07.2014, the trial court after hearing counsel for the petitioner has passed the orders dated 20.09.2016 and 03.10.2016 and framed charges against the petitioner for the offence punishable under section 8/25 of the NDPS Act. Hence, this criminal revision petition.;