Nand Kumar @ Nand Kumar Sahu vs Union Of India Through Intelligence ...
2025 Latest Caselaw 2748 Jhar

Jharkhand High Court

Nand Kumar @ Nand Kumar Sahu vs Union Of India Through Intelligence ... on 19 February, 2025

Author: Ambuj Nath

Bench: Ambuj Nath

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    Cr. M.P. No. 232 of 2025

              Nand Kumar @ Nand Kumar Sahu, aged about 40 years, S/o Rameshwar,
              Resident of village Lakeya More, P.O and P.S. Sisai, Gumla, Jharkhand,
              Temporary address-Shiv Mandir, Sundar Nagar, Machhonda (105), Ambala,
              Haryana                                  ---           ---    Petitioner
                                             Versus
              Union of India through Intelligence Office of Narcotics Control Bureau,
              Ranchi Sub-Zone, S.N. Tower 3rd Floor, near Sidhu Kanu Park, P.O.
              Morawadi, P.S. Gonda, District Ranchi, Jharkhand--- ---      Opp. Parties
                                                   ---

CORAM: Hon'ble Mr. Justice Ambuj Nath

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For the Petitioner: Mr. Mohit Prakash, Advocate For the O.P-NCB: Mr. Anil Kumar, A.S.G.I., Ms. Chandana Kumari, A.C to A.S.G.I

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03 / 19.02.2025 This criminal miscellaneous petition has been filed for quashing of the order taking cognizance dated 31.08.2024, passed by the learned Additional Sessions Judge-III, Gumla in Misc. Criminal Application No. 237 of 2024 in connection with NCB Crime Number 05/NCB/Ranchi/2022 (NDPS Case No. 12/2023, whereby and wherein, the learned Additional Sessions Judge-III, Gumla has taken cognizance of the offence under section 8(C) read with section 18(b) and section 25 of the NDPS Act. Petitioner has further prayed for quashing of the order dated 31.08.2024, whereby and wherein, charge has been framed under the aforesaid sections, on the ground that only intermediary quantity of opium was recovered from his possession, while charge has been framed under the provisions for recovery of commercial quantity.

2. Learned counsel appearing on behalf of the opposite party-Union of India, submitted that even if there is error in framing of charge, the same will not vitiate the trial. It has been further submitted that charge can be amended at any stage of trial before pronouncement of the judgment.

3. In view of the aforesaid facts, no case for quashing of charge and cognizance order is made out. Accordingly, this criminal miscellaneous petition is dismissed. Pending I.A., if any, also stands disposed of.

It is however made clear that if the learned Trial Court, at any stage of the trial, feels that charge needs to be amended, learned Trial Court shall amend the same in accordance with law.

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