ABDUL HAMIDKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Additional City Sessions Judge Court No. 17 Ahmedabad by the order 12/01/1987 has framed charge against the petitioner (original accused No 4) and opponents Nos. 3 to 5 for the offences punishable under sec. 20(b)(ii) and sec. 25 read with sec. 29 of the Narcotic Drugs and Psychotropic Substances Act 1985 and sec. 120-B of the Indian Penal Code. In the alternative he has framed charge for the offence punishable under sec 20(b)(ii) of the Act. Further in the alternative accused Nos. 2 and 4 are charged for the offences punishable under sec. 25 of the Act.

(2.) The petitioner-original accused No. 4 has filed this Miscellaneous Criminal Application for quashing and setting aside the charge framed against him and also for releasing him on bail. It is his contention that the learned Chief Metropolitan Magistrate had not followed the procedure prescribed under sec. 202 of examining all witnesses of the complainant before issuing process and therefore the issue of process against accused No. 4 is illegal and consequently the charge framed against the accused is also illegal and void. The petitioner has also filed another Miscellaneous Criminal Application No. 270 of 1987 for releasing him on bail and also quashing the charge framed against him by the learned Additional City Sessions Judge on the ground that there is no evidence against the petitioner-accused No. 4.

(3.) At the outset it should be stated that the learned advocate for the petitioner had submitted that he is not pressing the point that the charge framed by the learned Additional City Sessions Judge against him be quashed on the ground that it is framed without there being any evidence or on totally insufficient evidence.