[2025:RJ-JP:42456] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No.1643/2024 Sitaram Meena @ Radhey Son Of Shri Nanagram, Resident Of Alesar Police Station Govindgarh District Jaipur (Raj) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar For Respondent(s) : Mr. Amit Punia, Addl. GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 16/10/2025 1. By way of filing this revision petition, a challenge has been led to the impugned order dated 29.07.2024 passed by Special Judge, NDPS Cases, Chomu, District Jaipur in Sessions Case No.13/2024 by which charges have been framed against the petitioner for the offence under Sections 8/21 and 8/22 of the NDPS Act. 2. Learned counsel for the petitioner submits that as per the case of the prosecution, 43.20 gms MDMA drug was recovered at the instance of the petitioner and the allowed commercial quantity of the same is 10 gms as per the schedule attached to the NDPS Act (Serial No.138). Learned counsel submits that when the seized narcotic substance was sent to the Forensic Science Laboratory (FSL) and an analysis was done, it was found that the packet contained Methamphetamine and no MDMA was detected from the sample. Learned counsel submits that the commercial quantity allowed for Methamphetamine is 50 gms, therefore, the seized narcotic substance was under commercial quantity, hence, under these circumstances, the alleged offence is not made out against [2025:RJ-JP:42456] (2 of 2) [CRLR-1643/2024] the petitioner, but inspite of above, charges have been framed against the petitioner, hence, the impugned order is not sustainable and is liable to be quashed and set-aside. 3. Per contra, learned Public Prosecutor opposes the arguments raised by learned counsel for the petitioner, but he is not in a position to controvert the aforesaid submissions. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Perusal of the record indicates that when the seizure proceedings were conducted by the Investigation Agency, the seizure memo indicates that 43.20 gms of MDMA drug was seized in a packet marked as “R” and when the sample of the same was sent to FSL for its analysis, it was found that this sample contained Methamphetamine not MDMA. 6. It appears that without looking to the aforesaid result of the FSL, the impugned charges have been framed against the petitioner by the learned trial Judge. 7. On this count alone, the impugned order dated 29.07.2024 stands quashed and set-aside. The matter is remitted to the Special Judge, NDPS Cases, Chomu District Jaipur for passing fresh order after perusing the FSL report and after hearing the arguments of both the sides. 8. Needless to observe that fresh order would be passed within a period of one week from the date of receipt of certified copy of this order. 9. Accordingly, this criminal revision petition stands disposed of. (ANOOP KUMAR DHAND),J Karan/5