RAM CHANDRA AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the above mentioned petitions have been received from jail and both of them have been registered by the office under Sec. 482, CrPC and since in both the petitions, common point of interpretation of Sec. 428, CrPC is involved, therefore, they are being decided by this common order.

(2.) It arises in the following circumstances:

(3.) In this petition, it has been submitted by the learned Counsel appearing for the accused petitioner that the directions contained in the warrant of commitment to jail dated 13.9.1995 issued by the learned Special Judge, NDPS Cases, Udaipur that the accused petitioner Ram Chandra would not get the benefit of the provisions of Sec. 428, CrPC are wholly illegal for two reasons: