SANJIV R BHATT Vs. STATE

JUDGEMENT

(1.) The present Misc. Petition has been filed under Section 482 Cr.P.C. R/w Section 186 Cr.P.C. by the petitioner seeking discontinuation of the proceedings pending before the learned Special Court (NDPS) and Fourth Additional Sessions Judge, Palanpur, District Banaskantha Gujarat, in Special NDPS Case No.3/2018, State of Gujarat Vs. Indravadan Balkrishan Vyas and Ors. arising out of F.I.R. No.216/1996, PS Palanpur City, District Banaskantha, Gujarat, for offences punishable under Sections 116 R/w 120B of IPC, in the alternative Section 115 R/w 34 IPC, Sections 167, 204, 343, 465, 471 of IPC, in the alternative Section R/w 120B/34/109 IPC, Section 17 of the NDPS Act, in alternative Section 18 of the NDPS Act as well as Sections 21, 27A, 29, 58(1) and 58(2) of the NDPS Act.

(2.) The chequered history of the present case is that on 30.04.1996, an anonymous call was received at Police Control Room, Palanpur to the effect that one Sumer Singh Rajpurohit, who was allegedly indulged in the business of opium, was staying at Hotel Lajwanti, Palanpur with 5 kgs. of opium in his possession. The said opium was to be delivered at Palanpur. The information was forwarded to Shri Indravadan Balkrishan Vyas, Police Inspector. In pursuance of the said information, the police personnel of Palanpur conducted a raid at Hotel Lajwanti and recovered opium weighing 1.15 kgs. from Room No.305 of the said hotel. In the inquiries, it was revealed that the said Room No.305 was booked in the name of Sumer Singh Rajpurohit, resident of Pali, Rajasthan. When the raid was conducted, no one was found in the room. After doing the needful, an F.I.R. No.216/1996 dated 30.04.1996 was registered at PS Palanpur City and thereafter the investigation commenced.

(3.) During the investigation, in the intervening night of 02.05.1996 and 03.05.1996, the Police arrested Sumer Singh Rajpurohit from Pali, Rajasthan. Subsequently, he was taken to Palanpur by the Police and was produced in the concerned Court on 04.05.1996. The concerned Court sent Sumer Singh Rajpurohit on remand for six days i.e. till 10.05.1996. On 06.05.1996 a test identification parade was organized before the Executive Magistrate at the hands of Shantilal, owner of Hotel Lajwanti and Manu Bhai, employee of Hotel Lajwanti. Both these witnesses never identified Sumer Singh Rajpurohit. After conducting the test identification parade, the Police reached to the conclusion that no offence was committed by the accused Sumer Singh Rajpurohit and on the same day i.e. 06.05.1996, the Police filed a report under Section 169 of Cr.P.C. before the Special Judge, NDPS Cases, Palanpur for the release of the accused Sumer Singh Rajpurohit. On the other hand, accused Sumer Singh Rajpurohit also filed a bail application before the concerned Court and on 08.05.1996 the concerned Court released the accused Sumer Singh Rajpurohit on bail. On 09.05.1996, an application was filed by I.B. Vyas, Police Inspector before the concerned Court for addition of offence under Section 58(2) of NDPS Act against unknown persons. The concerned Court accepted the report submitted by the Police under Section 169 Cr.P.C. and discharged Sumer Singh Rajpurohit of all the offences on 14.05.1996.