Judgment ( 1. ) THIS revision is directed under Section 397/401 of the Code of Criminal procedure against the order dated 17-05-04 passed by the Additional Sessions and Special Judge (N. D. P. S.), Bhopal in Special Case No. 38/2001, whereby the present petitioner has been charged under Section 21 (B)/29 N. D. P. S. Act. ( 2. ) LEARNED Counsel for the applicant submitted that on the basis of police Report submitted before the Court of first instance under Section 173 of the Code of Criminal Procedure and other papers which were submitted alongwith this report, which are so called challan papers. On the basis of these papers no ingredients of said offence are made out for framing the said charges against the applicant, and, therefore, the Trial Court has framed the charges under violation of Section 227 of the Code of Criminal Procedure. ( 3. ) IN other hand Mr. Aseem Dixit, who is appearing for the respondent-State submitted with the assistance of Investigating Officer who is present in the Court that as per- case diary no ingredients of the said offences are made out against the applicant. The case diary is also perused by the Court and the said versions were found correct. ( 4. ) IN the case diary only one letter dated 24-7-01 is available. The letter was perused. This letter was written by some Chandu to his friend dewanand in which conversations in between the present applicant and Chandu in the jail was mentioned and send to Dewanand. However this letter does not reflect anything against the applicant and on the basis of this letter no ingredients of the said offence are made out against the applicant. When the quarry was made to the said Investigating Officer if there is any other document which creates the responsibility of the applicant then he replied that except this letter there is no other document on the record against the present applicant. ( 5. ) HAVING considered all the abovesaid circumstances and having heard the parties and after perusing the record as stated above, I am of the view that against the applicant, no ingredients of the alleged offences are made out and he has been falsely implicated in the abovesaid crime. ( 5. ) HAVING considered all the abovesaid circumstances and having heard the parties and after perusing the record as stated above, I am of the view that against the applicant, no ingredients of the alleged offences are made out and he has been falsely implicated in the abovesaid crime. When no evidence is found against any accused on the basis of challan papers, filed by the prosecution then the charges can not be framed against such accused. ( 6. ) IN the abovesaid premises and circumstances this revision petition is allowed and the present applicant Vineet Kumar, son of Mr. Tekram, residence of 46, D. B. B. Block near chhoti subji Mandi, Janakpuri, New Delhi is hereby discharged from the alleged/abovesaid charges by setting aside the portion of the order of the Trial Court in relating to Vineet Kumar only. The revision petition is allowed. Criminal Revision allowed.