KAKADIYA BHAGWANBHAI ARJANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) <DJG>A.M.KAPADIA, J.</DJG> Instant Appeal is listed for final hearing pursuant to the order dated 10.8.2010 passed by this Court in Criminal Misc. Application No. 8184 of 2010. The said order runs as under: 1. Leave to amend petition as well as the prayer clause is granted.

(2.) During the course of hearing of this application, Mr.B.M.Mangukiya, learned advocate for the applicant has pointed out various infirmities in the prosecution case like infirmities in the sealing process, non-pasting of panch slip on the outer cover of the packet containing the sample and the panchas in whose presence the contraband article opium was recovered also turned hostile. He has also pointed out that applicant is senior citizen aged about 75 years and suffers from various serious ailment of enlargement of heart, and from jail also he has been admitted at Sir T Hospital and Medical College, Bhavnagar, which has been elaborately narrated in paragraphs 3 and 4 of the application.

(3.) By pointing out the aforesaid infirmities as well as special reasons, Mr.B.M.Mangukia has urged that the criminal appeal may be heard expeditiously, which would consume less time than the hearing of this application seeking suspension of sentence. He also undertakes to prepare and supply mini paper-book containing oral testimonies as well as exhibited documents produced in the trial Court in four sets after taking down the zerox copy from the R & P of the Special NDPS Case No.1 of 2002 which has been received by this Court. It is, therefore, urged that the appeal may be listed for final disposal forthwith, and till the hearing of the main appeal, hearing of the present application may be deferred.