KAFIL AHMED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, applicant has requested to quash and set aside the order passed below Exh.11 by the Court of learned Additional Sessions Judge, City Civil and Sessions Court, Court no. 8, Ahmedabad rejecting the discharge application and further prayed to discharge the applicant-accused in connection with F. No. NCB/AZU/CR-02/14 which is numbered as NDPS Sessions Case No. 4 of 2014 pending in the court of learned Additional Sessions Judge, City Civil and Sessions Court, Court No. 8, Ahmedabad.

(2.) The brief facts of the present case are as under:

(3.) That, Shri Sajjansingh, Intelligence Officer, Narcotics Control Bureau, Ahmedabad filed a complaint against the applicant before the court of learned City Civil and Sessions Court, Ahmedabad as F. No. NCB/AZU/CR-02/2014 which was numbered as NDPS Sessions Case No. 4/2014 under Sections 22, 25A, 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 on 11.08.2015 in which it is interalia stated that the applicant in pursuance of a conspiracy indulged himself along with Mayur Trivedi-accused no.1 in manufacturing and trafficking 4.12 Kgs of Pseudoephedrine Hydrochloride powder and 0.410 kgs and 0.280 kgs of Amphetamine seized from the residential premises of the said Mayur Trivedi-accused no.1 situted at House No.2, 2C of Jay Vijay Apartment, Sardar Chowk, Krishna Nagar, Ahmedabad and also 0.561 kgs of Ehedrine Hydrochloride tablets seized from the premises Praful Niwas, Nava Rasta, Mandvi ni Pole, Ahmedabad and have committed the aforesaid offence. That applicant was in Jaipur Jail in respect of some other offence at the relevant point of time is joined as accused no.2 in the present case. He has prayed for appropriate order/instruction to the Superintendent, Central Jail, Jaipur and Special NDPS Court, Jaipur accordingly so that the applicant may bring before Ahmedabad Court on each and every date. That, the applicant is no where connected or not knowing and nothing to do with the persons whose statements are recorded by the complainant. Therefore, the applicant preferred an application vide Exh.11 under Section 227 of the Code of Criminal Procedure for discharging him from the charges levelled against him before the trial court which was rejected on 21.12.2016 and thus, applicant has approached this court by way of present application.