[2025:RJ-JP:7925] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (Petition) No. 987/2025 Chitaranjan Sahu @ Pintu Sahu S/o Bamadev Sahu, Sapoinali, Dist.-Angul, Odisha. (Implicated And Arrayed As Accused No.7 In Trial Court) ----Petitioner Versus 1. State of Rajasthan, Through PP 2. Chiranji Lal Meena, Aged About 55 Years, Police Officer At- Devali Choth Ka Barwada, Sawai Madhopur Pin- 322702 Rajasthan M- 9462233337 ----Respondents For Petitioner(s) : Mr. Gautam Kumar Laha Mr. Tusarkant Sahu For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 21/02/2025 1. This criminal misc. petition has been filed by the petitioner under Section 528 of BNSS with a prayer to expunge the remarks against the petitioner passed by the Court of learned Special Judge, NDPS Act Cases (Addl. Sessions Judge) Sikrai, District Dausa (Raj.) in Sessions Case No.69/2021 (6/2021) titled as State of Rajasthan Vs. Surinder Kumar & Ors. arising out of FIR No.50/2020 registered at Police Station S.O.G. Rajasthan, Jaipur for the offences punishable under Sections 8/20 & 29 of NDPS Act, 1985. 2. Learned counsel for the petitioner submits that the trial as regards the co-accused persons has been commenced by the learned trial Court and they have been acquitted vide its judgment dated 08.04.2024. Therefore to maintain the parity, the present accused-petitioner may also be declared as acquitted. [2025:RJ-JP:7925] (2 of 3) [CRLMP-987/2025] 3. Brief facts of the case are that an FIR No.50/2020 was registered at Police Station S.O.G., Rajasthan, Jaipur for the offences punishable under Section 8/20 & 29 of the NDPS Act, 1985, as regards the recovery of contraband i.e. ‘Ganja’ weighing about 4 quintal 42 kg and 400 gm. The Police after completion of investigation has submitted charge-sheet against the accused persons and the charge-sheet against the present petitioner was submitted by the Police under Section 299 of Cr.P.C. as the petitioner was not traceable. 4. The trial of all the co-accused persons commenced except the present petitioner as they were arrested and were facing the trial and finally the trial Court acquitted them vide its judgment dated 08.04.2024, from the charges levelled against them by giving them the benefit of doubt. Merely because the co-accused persons have been acquitted from the charges levelled against them, none of the co-accused who has not faced the trial cannot claim the acquittal. The prosecution evidence laid before trial Court during trial as regards an accused cannot be read for the accused who was not facing the trial at the relevant time. An accused has to face the trial so as to seek acquittal from charges against him. 5. The present petitioner is wholly misconceived and ill-advised. 6. The present criminal misc. petition is dismissed with a cost of Rs.1,00,000/-. The amount of cost be deposited by the petitioner with the Rajasthan High Court Bar Association, Jaipur Bench, Jaipur and the receipt thereof be submitted in the Registry. [2025:RJ-JP:7925] (3 of 3) [CRLMP-987/2025] 7. The matter be listed before this Court again after two months to see that the compliance of the order regarding depositing the cost has been made. (GANESH RAM MEENA),J DIVYA SAINI /14