RAMESHCHANDERA PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision petition is directed against the order dated 7-8-1990 passed by Ivth Additional Sessions Judge, Indore - Sessions Trial No. 242 of 1988 whereby the Petitioner objection that for reason of non-compliance with the proviso below sub-section (2) of section 202 of the Criminal Procedure Code, 1973 (for short the Code), the committal order dated 4-10-88 passed by the 1st Additional Chief Judicial Magistrate, Indore, under section 203 ibid is vitiated and the Sessions Court could not take congnizance of the various offences against him, has been negatived.

(2.) Circumstances giving rise to the revision petition are these. The Narcotic Inspector Indore filed against the petitioner and his co-accused Saliin Mohammad, the non-applicant No.2, a criminal complaint in the Court of 1st Additional Chief Judicial Magistrate, Indore alleging commission of offences under section 8/21 and other sections of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short T1the ActTT) by them on 9-6-88.

(3.) The learned Additional. Chief Judicial Magistrate, acting under section 209 of the Code, has committed the case to the Court of Session Indore. It is registered as Sessions Trial No. 242 of 1988 and is pending in the Court of the IVth Additional Sessions Judge as already stated.