R N KAKKAR Vs. HANIF GAFOOR NAVIWALA

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India read with sections 391, 400 and 482 of the Criminal Procedure Code has been preferred by the petitioner for quashing orders dated 1-8-1995 (Exhibit 72) and 2-8-1995 (Exhibit 73) passed by the Special Judge, under the N. D. P. S. Act for Greater Bombay, in N. D. P. S. Special Case No. 1249 of 1988.

(2.) A narration of the facts in brief would be necessary for the disposal of this petition. The respondent Nos. 1 to 3 are being prosecuted for offences punishable under the N. D. P. S. Act and section 135 of the Customs Act. A seizure of heroin, which took place on 22-1-1988 and 23-1-1988, which is said to have been imported into India, by the respondents Nos. 1 to 3 along with an associate of theirs, who is absconding, is said to have given rise to their prosecution.

(3.) FOLLOWING facts are not disputed by the counsel for the parties :---