(1.) Rule. Learned APP waives service of notice of rule on behalf of respondent - State of Gujarat.
(2.) This application is filed under Section 439 of the Code of Criminal Procedure, 1973 [for short, the Code'] in connection with NDPS Sessions Case No.5 of 2009 registered in the Court of District and Sessions Judge, Vadodara for the offences punishable under sections 9[c] read with 22, 23, 24, 25 read with section 12, Section 27A, 29, 32, B[e] and 38 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, 'NDPS Act'].
(3.) The case of the prosecution is as under: