AMRATLAL DEVDANBHAI SONI Vs. DIRECTOR OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) By way of this common judgment, these two petitions filed by petitioner-Amratlal D. Soni - one under S.482 of the Criminal Procedure Code, challenging the order dated 4-2-1996 passed by the Addl. City Sessions Judge, Court No. 14, Ahmedabad, in exercise of powers under S.319 of the Code of Criminal Procedure at the instance of Dr. Bipin Panchal, accused No. 2, issued nonbailable warrant with a view to proceed against him for offence under Secs. 22 and 29 of the Narcotic Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act of 1985') read with S.120-B of the I.P.C. in Sessions Case No. 162 of 1994 and another Revision Application under S.397 of the Cr. P.C. challenging the order passed on the same day, i.e., on 4-1-1996 framing charges against the petitioner for the said offences along with other accused persons, are disposed of.

(2.) The relevant facts are that Dy. Director of Revenue Intelligence, Ahmedabad filed a complaint on 23-5-1994 in the competent Court against seven accused persons, namely, A-1 - Achit Patel alias Mahesh Shah, A-2 - Dr. Bipin Panchal, A-3 - Arvind S. Soni, A-4 - Prahlad M. Patel, A-5 - Revabhai K. Patel, A-6 - Kashyap Patel and A-7 - Piyushbhai Pandya. It is alleged that on 4-11-1993, at Bombay Airport 162 kgs. Mandrex Tablets were found which were meant for export at Kenya. On inquiry, it was found that it was dispatched by one Advance Exports of Ahmedabad. On further inquiry by department of Directorate of Revenue Intelligence (for short 'D. R. I."), it revealed that Achit Patel alias Mahesh Shah was the concerned person for the said exports and he had signed certain documents of exports. The investigation also revealed the complicity of accused No. 2, Dr. Bipin Panchal in the crime. On 13/14-1994, 166.740 kgs. Mandrex tablets were found near Vasan Village in connection of which Mr. Arvind Shivlal Soni, accused No. 3 was apprehended and during the course of statements recorded on 13/14-1- 1994, a huge quantity of Mandrex weighing 1,666.5 kgs. was found from the godown situated at Village Gota. As the complicity of the other persons were also found, they were arrested. After investigation, on 23-5-1994, the Department filed a complaint against 7 accused persons in the concerned Court.

(3.) On 24-7-1995, the accused No. 2, Dr. Bipin Panchal filed application before the learned City Sessions Judge, Ahmedabad, stating, inter alia, that the prosecution is seeking to rely upon his statements as well as original accused No. 1, i.e., Achit Patel and from their statements, it transpires that one Anirudhsingh Jadeja of Kutch, Amratlal and his son of Bimal Soni had also participated in the alleged conspiracy. The applicant also referred to the statements of the said persons allegedly recorded under S.67 of the N.D.P.S. Act, wherein they had admitted their guilt. It was also stated that the accused No. 1 had identified Amratlal Soni alias Mamaji from the photograph shown to him during his statement. It was thus, prayed that the Court, in exercise of powers under S.319 may add the said three persons as accused and put them to trial. The learned Judge, by a detailed order, prima facie, found complicity of petitioner Amratlal Soni alias Mamaji and Anirudhsingh Jadeja in the crime, and as such, by the impugned order, issued a non-bailable warrant for their presence and to face trial for offences under Secs. 22 and 29 of the Act of 1985 read with S.120-B of I.P.C. However, the learned Judge refused the prayer with respect to Bimal Soni. On the same day, the trial Court also framed charges against all the accused persons including the petitioner and Anirudhsingh Jadeja for offences under Secs. 22 and 29 of the Act of 1985 read with S.120-B of I.P.C. The petitioner being aggrieved by the aforesaid two orders dated 4-1-1996, has approached this Court by way of application under S.82 and Revision Application under Sec. 397 of the Cr. P.C.