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2017 (7) TMI 969 - HC - Indian LawsCharges against the petitioner who is charged for the offences under Sections 120-B r/w 420, 471, 482 IPC, 13(1) (a) (b) r/w. 9(B) (e), 10(A), (bb) (c ) of Drugs and Cosmetic Act, 1940 and Section 132 and 135 of Customs Act, 1962 and substantiate offences thereof - Held that:- On careful perusal of the final report filed by the respondent and the statement recorded during the investigation and also documents collected would reveal that there is a prima facie case against this petitioner and there are incriminating materials against this petitioner to proceed further. But whereas the trial court as well as first appellate court have conducted mini trial except the fact that they have not examined the witnesses and discussed elaborately and passed the orders. On the other hand fact as to whether he is a qualified person to say about the materials and whether he has knowledge about the chemicals can be decided only after the trial and not at this stage. One thing is clear that having gone in details of discussions and giving reason for allowing the discharge petition in CMP.No.276/2011 by the trial court and also further dismissal order of learned IV Additional Sessions Judge while considering the revision, it is relevant to mention that this court and Apex court time and again reiterated that at this stage of framing of charge, it is enough to see the final report and documents annexed with as to whether a prima facie case is made out and an incriminating material available to proceed against the accused and further the Hon'ble Apex Court has time and again has held that at the time of framing of charge roving enquiry need not be conducted and also the defence taken by the accused need not be looked into. At this stage, the Court has to see from the oral and documentary evidence collected during the investigation reveal as to whether any incriminating materials are available against the accused to proceed further. Admittedly in this case, on reading of a final report and also oral and documentary evidence annexed with the final report, this court finds that there is a prima facie case against the accused and also there are incriminating materials against this petitioner/4th accused to proceed further.
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