SHAMSUL FARAQUL HODA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.K.P. Raval, learned Additional Public Prosecutor waives the service of notice of Rule on behalf of the respondent No.1 ? State as well as Mr.P.S. Champaneri, learned Assistant Solicitor General of India waives the service of notice of Rule on behalf of the respondent No.2 ? original complainant.

(2.) PRESENT application has been preferred by the applicant herein ? original accused No.1 under section 439 of the Code of Criminal Procedure to release him on bail in connection with Criminal NDPS Case No.1 of 2010 registered in the Court of learned Principal Sessions Judge and Special Court at Bharuch.

(3.) MR.P.S. Champaneri, learned Assistant Solicitor General of India, appearing on behalf of the respondent No.2 ? original complainant is not disputing the fact that as per the reports of the Central FSL, Hyderabad as well as FSL, Gandhinagar the substance found/seized from the applicant is neither Narcotic Drug nor Psychotropic Substance. However, he has submitted that since the respondent No.2 ? original complainant was not agreed with the aforesaid reports and therefore, an application was submitted before the learned trial court for further investigation under section 173(8) of the Code of Criminal Procedure, however, the said application has been rejected by the learned trial court recently and the respondent No.2 proposes to challenge the said order passed by the learned trial court before the higher forum. Therefore, it is requested to consider the above.