Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 3 SC 178/2026
STATE Vs. MANISH KUMAR PRASAD 537/2025
(Keshav Puram)
01.07.2026
Present : Sh. K.D. Pachauri, Ld. Addl. PP for the State.
Accused Manish, Ravi and Rajkumar are produced
from JC.
Ld. Counsel for accused.
Prosecution argues that accused Manish and Ravi
were found in possession of contraband Ganja. Accused Rajkumar
is involved in the criminal conspiracy with Manish and Ravi for
procuring the Ganja and he allowed his vehicle TVS Ntorq which
is registered in the name of Rajkumar to be used by two accused
persons in transporting the contraband Ganja and there are
sufficient evidence against accused Rajkumar for framing the
charge U/s 25 & 29 NDPS Act with the two other accused persons.
Ld. Counsel for accused Rajkumar submits that
there is no recovery from the accused and there are no other
material evidences which shows that accused Rajkumar is
involved with Manish and Ravi except that scooty is registered in
his name and mere registration is not sufficient to implicate him.
Arguments heard on the charge from both the sides.
Charge U/s 20(b)(ii)(C) read with Section 29 of the
NDPS Act, 1985 has been framed against accused Manish Kumar
Prasad S/o Sh. Surender Prasad and Ravi Kishan Kumar Ram S/o
Sh. Shyam Ram to which they pleaded not guilty and claimed
trial.
For framing the charge against accused Rajkumar,
prosecution needs to establish that accused has knowledge or he
intentionally allowed his vehicle to be used by the other accused
persons for the purpose of transporting the contraband. Only fact
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that the accused is the relative of one of the accused who were
caught red handed is not sufficient to establish that he knowingly
allowed his vehicle to be used by the other accused persons. The
law has also been laid down in this regard in two judgments titled
as
‘Budharam Vs. State of Rajasthan’. Therefore, there is no
evidence against accused Rajkumar except him being the owner
of the vehicle. Hence, no prima facie case is made out against
accused Rajkumar for the conspiracy as well as for offence U/s 25
NDPS Act.
Let fresh summons be issued to witness mentioned
at serial No. 9, 10, 14 & 15 in the list of prosecution witnesses for
the NDOH.
MHC(M) be also summoned alongwith case
property, if any, for the NDOH.
Put up for PE on 14.09.2026.
(SHIVAJI ANAND)
ASJ-02/Spl. Judge (NDPS)
North-West, Rohini Courts, Delhi/01.07.2026
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