ASHOK SHAMBHUBHAI CHOVATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned advocate Mr. Kartik V. Pandya and learned APP waives service of notice of Rule on behalf of respective parties. Rule is fixed forthwith.

(2.) The present application has been filed under Sec. 397 and 401 read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), challenging the order dtd. 15/7/2019 below Exh.42 in NDPS Special Case No.4/2015 passed by Special Judge, NDPS Court, Surat.

(3.) Mr. Narendra L.Jain, learned advocate for the applicant submitted that five persons came to be arrested in the year 2015 by the complainant and its officers, who were detained for the alleged offence under the Narcotic Drugs and Psychotropic substances Act, 1985 (hereinafter referred to as "NDPS Act"). After the investigation, the original complainant i.e. respondent no.2 herein, had preferred to file a complaint under Sec. 36A(1)(iv) of the Narcotic Drug and Psychotropic Substances Act,1985 (as amended).