MAHESH CHANDRA GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri D.S. Mishra, learned counsel for the revisionist and Sri Vimlendu Tripathi, the learned A.G.A.

(2.) This criminal revision is preferred against the order dated 1.10.2015 passed by the Addl. Sessions Judge, Jalaun at Orai in SST No. 9/15 (State vs. Dr. Mahesh Chandra Gupta and another) rejecting a discharge for offences under Section 21/22 NDPS Act.

(3.) The learned counsel for the revisionist submitted that despite a specific plea in the discharge that in the absence of non-compliance of Sections 41/42 and 50 of the Act, the proceedings are liable to be quahed, the court below did not advert on the said issue. He further submits that such non-compliance vitiates entire pending proceedings and the revisionist cannot be permitted to face such a trial. He placed heavy reliance on a judgement of the Apex Court in the case of Roy V.D. vs. State of Kerala, 2001 AIR(SC) 137 , which according to him squarely applies both on facts and law. He also relied on few other judgments, such as Jitendra vs. State of Madhya Pradesh, 2004 10 SCC 562 Union of India vs. Shah Alam, 2010 AIR(SC) 1785 ; C. Ali vs. State of Kerala, 2014 AIR(SC) 1384