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2008 DIGILAW 2137 (RAJ)

Bhushan Kumar v. Union of India

2008-09-11

G.S.SARRAF

body2008
JUDGMENT 1. - The accused Jai Bhagwan, Gopal Sharma and Dinesh Sharma are facing trial under Sections 8/18(b), 8/25 and 8/29 of the NDPS Act in connection with recovery of opium weighing 3 kg on 14.05.2007 from Maruti Van PB 13-R-0577 whereas investigation against the petitioner and another person is still pending under Section 173(8) Cr.P.C. By way of the instant misc. petition the petitioner prays for quashing the entire proceedings pending before the Investigating Agency along with summons issued by the Investigating Agency a copy of which is Annexure-1. 2. Heard learned counsel for the petitioner and learned Special Public Prosecutor. 3. Learned counsel for the petitioner, relying on the statements of the three accused persons made before the Investigating Officer at the time of their interrogation during investigation, has submitted that the petitioner is innocent and he had no knowledge of the opium being transported by Maruti Van PB-13-R0577. She further submits that there is absolutely no evidence against the petitioner which may connect him with the alleged offence and, therefore, the summons, a copy of which is Annexure-1, issued to the petitioner be quashed. She has placed reliance on (2005) 1 SCC 122 and (1998) 5 SCC 749 .Learned Special Public Prosecutor has opposed. 4. It is not disputed that the petitioner is registered owner of the Maruti Van PB 13-R-0577 from which the opium is alleged to have been recovered. The summons or the notice, a copy of which is Annexure-1, has been issued in connection with the investigation of the offence under the NDPS Act and this court is not supposed to interfere in the investigation. This is not the stage for indepth examination of the evidence available in the case diary. The connection that there is no material against the petitioner cannot be accepted at this stage when the petitioner is still to be interrogated and that aspect of the matter which relates to the petitioner is still to be investigated. 5. For the aforementioned reasons I find no merit in the petition.The petition stands dismissed accordingly.Petition Dismissed. *******