Narcotics Drugs and Psychotropic Substances Act, 1985
Section 29—Framing of charges—Revision—Only evidence against third petitioner is the CDR, which may create a suspicion but not a grave suspicion—If one examines the CDR sans disclosure statement then there is nothing on record to link the said calls to the recovery in question—No other material placed on record by prosecution in the charge-sheet to support the allegations qua third petitioner with respect to her involvement with contraband allegedly recovered from co-accused persons—No recovery was effected from third petitioner or at her instance—Impugned order framing charge against third respondent liable to be set aside and third petitioner stands discharged.
[Paras 11 to 15]