SANJEEV RAJENDRABHAI BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals arise out of a common order passed by the learned single Judge in two Special Criminal Applications being Special Criminal Application Nos. 6 and 24 of 1998 on July 9,1998. The learned single Judge by the above order upheld the preliminary objection raised on behalf of the State of Rajasthan that the High Court of Gujarat had no territorial jurisdiction in the matter as the proceedings were initiated in the Court of Chief Judicial Magistrate, Pali situated in Rajasthan. The petitions were, therefore, not maintainable. In view of non-maintainability of petitions on the ground of want of territorial jurisdiction, the learned single Judge observed that it would not be expedient to express any opinion on the merits of the matter and she did not enter into questions raised in the petitions.

(2.) . To appreciate the controversy in the present proceedings, few relevant facts may now be stated : Special Criminal Application No. 6 of 1998 (L.P.A. No. 906 of 1998) was filed by Sanjeev R. Bhatt who at the relevant time in April, 1996, was serving as District Superintendent of Police at Palanpur. On April 30,1996, a complaint was lodged which was registered as C.R. No. 216 of 1996 at Palanpur City Police Station against Sumersingh Rajpurohit under the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter be referred to as 'N.D.P.S. Act'). On May 3,1996, Sumersingh Rajpurohit was taken to Pali Kotwali Police Station from his residence and thereafter was taken for interrogation to Palanpur. Proceedings were then taken against him at Palanpur. Sumersingh was produced before the Chief Judicial Magistrate on 4th May, 1996. Identification parade was held but Sumersingh could not be identified by the witnesses. The police submitted a report under Sec. 169 of the Code of Criminal Procedure, 1973 before the Special Court, Palanpur for release of Sumersingh. Surmersingh was accordingly released on bail by the Additional Sessions Judge, Palanpur and finally he was discharged on 14th May, 1996.

(3.) . On October 17, 1996, Sumersingh Rajpurohit filed a complaint in the Court of Chief Judicial Magistrate, Pali against Sanjeev Bhatt, who had filed Special Criminal Application No. 6 of 1998 (L.P.A. No. 906 of 1998), R. R. Jain who had filed Special Criminal Application No. 24 of 1998 (L.P.A. No. 930 of 1998) as also against other accused for various offences punishable under Secs. 120B, 195, 196 and 342, 347, 357, 368, 458 and 482 of Indian Penal Code read with Secs. 17, 58(1) and 58(2) of N.D.P.S. Act. The date of offence was mentioned as 3rd May, 1996. The Chief Judicial Magistrate, Pali passed the following order on 17th October, 1996 :