Criminal Revision No.2234 of 2008 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.2234 of 2008 (O&M) Date of Decision: 16.7.2009. Naveen ....Petitioner Versus State of Punjab ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Rahul Rampal, Advocate for the petitioner. RAJESH BINDAL J. **** The challenge in the present revision petition is to the order passed by learned Court below whereby charge has been framed against the petitioner under Section 25 of the NDPS Act, prima-facie considering the petitioner to be person incharge of the vehicle which was involved in carrying drugs. Learned counsel for the petitioner referred to special power of attorney given by the registered owner of the vehicle to the petitioner which is dated October 16, 2006 whereas the FIR was registered on September 17, 2006. On the basis of these documents it was submitted that the petitioner was not even given any attorney to take care of the car when the same was allegedly involved in the crime. The petitioner was merely given authority to get the possession of the car on Supardari after the Court had directed the release thereof. Once prima-facie the case was not made out against the petitioner he could not have been charged in the case. After hearing learned counsel for the petitioner, I do not find that any of the documents which are sought to be relied upon by the petitioner could possibly be considered at the stage of framing of charge as it is all matter of evidence as to when the power of attorney was given and whether on that date the petitioner was working as employee of the alleged owner of the vehicle namely M. Shokat. The evidence which is sought to be relied upon cannot be Criminal Revision No.2234 of 2008 (O&M) 2 considered at this stage without the same having been produced and proved on the record. As there is no merit in the main petition, the same is dismissed. Accordingly, the application for condonation of delay is also dismissed. (RAJESH BINDAL) 16.7.2009 JUDGE Reema