1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.REVISION PETITION NO.895/2010 Khinya Ram Vs. State Date of order : 17/8/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashvin Garg for the petitioner. Shri Peeyush Kumar, P.P. for the State. ****** This revision petition is directed against the order dated 8.3.2010 passed by learned Special Judge, NDPS Cases, Ajmer by which cognizance against the accused petitioner was taken u/s.319 Cr.P.C. after the statement of as many as 11 witnesses were recorded. Shri Ashvin Garg, learned counsel for the petitioner apart from challenging the order on merits also submitted that the application in the present case was pending with the Court for last one year and now with the trial has come to a close, the learned court below has taken cognizance against the accused petitioner. There was absolutely no evidence against the petitioner and that merely because the petitioner was registered owner of the vehicle which is used for commission of offence, he cannot be taken as an accused. The vehicle was entrusted to Shankar Lal elder brother of the petitioner under an agreement, who was responsible for his own act. It is also submitted that the other co- 2 accused have already been enlarged on bail. Learned counsel also alternatively submitted that if the Court is not inclined to interfere in the matter, he may be allowed to join the trial without being formally arrested. Learned PP opposed the petition and supported the order on the reasons mentioned therein. Upon hearing the learned counsel for the petitioner and learned PP for State, I am not inclined to interfere in the impugned order. However, in so far as the willingness expressed by the learned counsel on behalf of the petitioner that petitioner is prepared to facilitate the trial, I require the petitioner to appear before the Court of Special Judge, NDPS and make a suitable application for release on bail, which shall give consideration to such application keeping in view the fact that the other co- accused have already been enlarged on bail. With these observations, the revision petition is dismissed. (MOHAMMAD RAFIQ), J. RS/