1989 (2) TMI 411

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.... of Martial Tito Marg, close to Raj Kumari Amrit Kaur Nursing College, and he found the petitioner and his co-accused Amarjit Singh quarrelling and were snatching one book from each other and under the process the cover of the book had been torn into two pieces and each piece was found to contain a packet each. The Assistant Commissioner of Police and the S.H.O. had been called to the spot before taking search and those packets were found to contain morphine powder weighing 110 gms and after taking sample of 5 gms, the sample and the remaining morphine and the said book and the torn covers were sealed in three separate sealed parcels. Before effecting recovery Amarjit Singh had been enquired as to what the matter was and he had made a state....

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....ein it has been laid down that it cannot be said that the Court at the stage of framing the charge has not to apply its judicial mind for considering whether or not there is a ground for presuming the commission of the offence by the accused. It Was held that the order framing the charges does substantially affect the person's libert and it cannot be said that the court must automatically frame the Charge merely because the prosecuting authorities by relying on the documents referred to in s. 173 consider it proper to institute the case. The responsibility of framing the charges is that of the court and it has to judicially consider the question of doing so. In the present case the facts do show that the books contained the morphine and....