Abdul Hannan Khan S/o Abdul Gaffar Khan v. State of Madhya Pradesh
2024-02-12
SUBODH ABHYANKAR
body2024
DigiLaw.ai
ORDER : 1. This criminal revision has been filed by the petitioner under Section 397 read with Section 401 of Cr.P.C. against the order dated 29/11/2021 passed by the learned Special Judge (NDPS), Indore in Special Session Case No.55/2021 whereby charges have been framed against the petitioner under Section 8 /22(b) and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 in connection with crime No.1008/2020. 2. The case against the petitioner is that he was also involved in the aforesaid case wherein 20 grams of MDMA drug was recovered from the co-accused Dheeraj and Sohan @ Jojo. It is alleged that co-accused Dheeraj, in his memo prepared under Section 27 of the EVIDENCE ACT has named the other co-accused Adnan who used to supply drug to him. Thereafter, Andan was also arrested, who, in his memo prepared under Section 27 of the EVIDENCE ACT , has named the present petitioner and has stated that he used to sell the drug to the present petitioner also regarding which he had also received some amount. 3. Counsel for the petitioner has submitted that apart from the aforesaid memo prepared under Section 27 of the EVIDENCE ACT , there is no other evidence available on record to connect the petitioner with the offence. It is further submitted that even according to the documents filed in the charge-sheet, the petitioner had given a sum around Rs.31,380/- to Adnan from the period 20/04/2020 to 24/11/2020, whereas Adnan has returned an amount of Rs.4,730/- in the month of September, 2020. It is submitted that it is not denied that he petitioner is an acquaintance of the other co- accused Adnan, and had lent him some amount during Covid-19 pandemic, but merely crediting the account of the other accused with some meagre sums cannot be said to be a circumstance against the petitioner that he was also involved in the drug dealing, specially when there is no other transcript or chats available on record to connect the petitioner with the offence. It is further submitted that the petitioner happens to be the Director of a company namely Power Planets Lighting Solutions Pvt. Ltd. and is lawfully engaged in the business and has no reason to indulge in such offence. Hence, it is submitted that the charges issued against the petitioner be quashed. 4.
It is further submitted that the petitioner happens to be the Director of a company namely Power Planets Lighting Solutions Pvt. Ltd. and is lawfully engaged in the business and has no reason to indulge in such offence. Hence, it is submitted that the charges issued against the petitioner be quashed. 4. Counsel for the respondents/State on the other hand has opposed the prayer and it is submitted that there are bank account transactions between the petitioner and the co-accused Adnan, thus, there is a connection between the petitioner and Adnan, which must be drug related only. 5. Heard. On due consideration of submissions and perusal of the documents filed on record, it is found that the petitioner has relied upon the documents filed by the prosecution only, and apart from a memo prepared under Section 27 of the EVIDENCE ACT , the only other material available on record against the petitioner is the bank statement wherein the petitioner has transferred certain amount in the account of co-accused Adnan. It is also found that from the possession of co-accused Adnan also no contraband has been seized. In such facts and circumstances, this Court finds force in the contentions raised by counsel for the petitioner, and is of the opinion that there is not even a remote possibility that the petitioner can be convicted on the basis of the material collected during the course of investigation by the investigating authorities. 6. Resultantly, the revision petition stands allowed , the impugned order dated 29/11/2021 passed by the learned Special Judge (NDPS), Indore in Special Sessions Case No.55/2021 is hereby quashed and the petitioner is discharged from the offences under Section 8 /22(b) and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985.