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Judgment
None present.
On the last date of hearing also there was no representation. As a matter of fact, this case has been listed thrice but notice in the matter is yet to be
issued.
This is a petition under Section 482 Cr.P.C. for quashing of charge sheet submitted by the police against the petitioner in the court of learned
Principal District and Sessions Judge, Pulwama (Trial Court) in FIR No.22 of 2018 dated 13th March, 2018 registered in Police Station Pampore
under Sections 15/18 NDPS Act.
The petitioner, it is stated, is already enlarged on bail. Impugned charge sheet/ challan presented before the court for commission of offences under
Sections 15/18 NDPS Act, has been challenged on the ground that the police has not been able to collect sufficient evidence to connect the petitioner
with the commission of the offences and that there have been several procedural irregularities committed while conducting the investigation in the
matter. It is the further case of the petitioner that the allegations levelled against the petitioner even if taken to be true on their face value do no
constitute ingredients of Sections 15 and 18 of the NDPS Act.
I have considered the matter in the absence of assistance of learned counsel for the petitioner and do not find it a case for interference while
exercising the inherent powers vested in this Court by virtue of Section 482 Cr.P.C.
The issues which have been raised by the petitioner in this petition can be well urged by the petitioner before the trial court when the matter comes
up for framing of charge. The petitioner is well within his rights to urge and convince the trial court that the offences alleged against him are not made
out and he is entitled to discharge. The truth or otherwise of the allegations contained therein is required to be seen by the trial court on the basis of
evidence which is led before it and the challan cannot be challenged on the ground that the allegations contained therein are false and frivolous and are
not substantiated by evidence. This court while hearing a petition under Section 482 Cr.P.C. cannot take par the character of a trial court and sift the
evidence on record meticulously to find out as to whether the offences are made out or not.
In view of the aforesaid, I find no merit in this petition. The same is accordingly dismissed along with connected applications. Nothing said herein
shall prejudice the case of the petitioner which is pending trial before the trial court.