MANSUKHBHAI CHHAGANBHAI BHATT Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) LEARNED advocate Mr. Abichandani for the respondent No. 1 seeks permission to place on record written instructions F. No.NCB/AZU/CR -05/2002/143 dated 5 -3 -2008 given by Intelligence Officer, NCB, Ahmedabad. The said document is ordered to be taken on record.

(2.) THE petitioner by way of filing this criminal revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr. P. C.") challenged the order dated 4 -10 -2007 passed below the application Exh. 267 in NDPS Case No. 1 of 2003 by learned Special Judge, 2nd Fast Track Court, Valsad, rejecting the application filed by him to examine defence witness.

(3.) THE petitioner is being prosecuted for the offences punishable under the Narcotic Drugs and Psychotropic Substances Act (NDPS). After recording of the evidence of the prosecution witnesses, further statement of the accused u/s 313 of the Cr. P. C. was recorded. The petitioner in his further statement stated that he wants to examine defence witness. Thereafter, the petitioner gave application Exh. 267 for issue of witness summons to the witnesses named therein. The learned trial Judge after hearing, rejected the application. Being aggrieved by the said decision, the petitioner accused has filed this criminal revision application.