G.R.MOOLCHANDANI,J. - (1.) This petition is directed against charge-sheet no.2 dated 03.02.2010 filed in Session Case No. 26/2010 State v. Sushil and Others arising out of FIR No. 76/2009 dated 16.07.2009 registered with Police Station Mukandgarh, District Jhunjhunu for the offence punishable under Section 8/15 of the Narcotics Drugs and Psychotropic Substances Act coupled with Section 16/54 of the Rajasthan Excise Act.
(2.) Learned counsel for the petitioner has contended that the petitioners are valid license holders to vend lanced poppy heads and nothing incriminatory has been recovered from the premises of the license holders, the Investigating Agency acting in contravention of law and break opened locks of licensed premises of the petitioner/s malafidely and no unlawful recovery was made from the premises of the petitioner/s. Main allegations were against one Sushil Kumar and for non-adherence of mandatory procedure enumerated under NDPS Act, trial against Sushil Kumar has collapsed and the trial court has acquitted main accused Sushil Kumar s/o Rajendra Prasad on 13.09.2012. Drawing attention of the court towards license of petitioner/s, it has been contended that petitioner/s are valid license holders to sell lanced poppy heads, one of the petitioner Moti Ram has already died, petitioner Raj Kumar has wrongly been implicated and harassed, even the contents of FIR does not divulge any incrimination against the petitioner/s, so criminal proceedings against the present petitioner/s sub-judice before the court of District and Sessions Judge, Jhunjhunu in criminal case No. 26/2010 be quashed.
(3.) Learned public Prosecutor has contended that nothing wrong has been committed by the Investigating Agency and after due investigation, lawful procedure has been adopted by filing the charge-sheet against all the accused persons.;