A criminal revision petition challenging the transfer of a narcotics case from Jhalawar to Aklera was dismissed, with the court holding that transport jurisdiction lay with Aklera due to the recovery of contraband there.
The order transferring the case from Court at Jhalawar to Court at Aklera was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision No. 1919 / 2016
Union of India Through the Superintendent (preventive and Intelligence Cell), Central Narcotics Bureau, Bhawanimandi, Kota (raj.)
----Petitioner
Versus
Babulal S/o Shri Kana, Aged About 52 Years, R/o Village Thamari, Tehsil Aklera, Distt. Jhalawar (raj.)
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Tej Prakash Sharma Adv. For Respondent(s) : None.
HON'BLE MRS. JUSTICE SABINA Judgment
30/01/2018
Petitioner has filed this petition challenging the order dated 23.07.2016, whereby, case was transferred from Court at Jhalawar to the Court at Aklera.
I have heard learned counsel for the petitioner and have gone through the record available on the file carefully.
In the present case, admittedly, recovery of the contraband was effected in the area of Aklera. In these circumstances, the case was liable to be tried by the Court at Aklera.
No ground for interference by this court while exercising revisional jurisdiction is made out.
Dismissed.
(SABINA)J.
S.Kumawat/D-88
2 issues framed by the court
Whether the case was properly transferred from Court at Jhalawar to Court at Aklera given the recovery of contraband in Aklera.
Whether the revisional court has grounds to interfere with the order transferring the case.
Union of India Through the Superintendent (preventive and Intelligence Cell), Central Narcotics Bureau, Bhawanimandi
Babulal S/o Shri Kana
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
