IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Revision No.154 of 2007 Judgment reserved on:09.04.2008. Decided on:April 29, 2008. Surinder Kumar …Petitioner. Versus State of H.P. …Respondent. Coram The Hon’ble Mr.Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner: Mr G.C.Gupta, Sr.Advocate with Ms.Benu Thakur, Advocate. For the respondent: Mr A.K.Bansal, Addl.A.G. Kuldip Singh, Judge This petition has been filed under Sections 397, 401 and 482 of the Code of Criminal Procedure, 1973 (for short ‘the Code’) against the order dated 27.11.2007 passed by learned Additional Sessions Judge (Fast Track Court), Dharamshala, District Kangra, in SC No.18-9/VII/2007 whereby charge under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short ‘the Act’) has been framed against the petitioner with a prayer to set aside the order and quash the charge framed against the petitioner. 2. The respondent has filed the reply in which it has been stated that offence against the petitioner falls under Sections 22/21 of Whether the reporters of the local papers may be allowed to see the judgment? …2… the Act. It has also been stated that while framing charge the Section has wrongly been typed as 20 and it may be due to typing mistake which can be corrected. The fact remains the respondent has admitted that on the basis of prosecution case the petitioner cannot be charged under Section 20 of the Act. It is for the trial Court to see whether charge under Sections 22/21 of the Act on the basis of material on record can be framed against the petitioner or not. 3. In the facts and circumstances of the case, the petition is allowed, order dated 27.11.2007 passed by learned Additional Sessions Judge (Fast Track Court), Dharamshala, District Kangra, in SC No.18-9/VII/2007 framing charge under Section 20 of the Act against the petitioner is set aside. The case is sent back to the Court of learned Additional Sessions Judge (Fast Track Court), Dharamshala, District Kangra with a direction to consider under which provision of the Act the petitioner is to be charged or not. The parties through their learned counsel are directed to appear before the Court of learned Additional Sessions Judge (Fast Track Court), Dharamshala, District Kangra on 15th May, 2008. 4. The record of the Court below be sent back forthwith so as to reach there well before the date fixed. Interim order dated 17.12.2007 is vacated and Cr.M.P.No.628 of 2007 stands disposed of. April 29, 2008. ( Kuldip Singh ), J. (soni)