MAHAVIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal misc. petition, a challenge is made to the order dated 21st September, 2013 where cognizance against the petitioner was taken for the offence under the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short "NDPS Act"). It is after further investigation in the matter because charge sheet against the petitioner was not filed at the initially investigation.

(2.) The challenge to the order has been made on many grounds but at present, a prayer is made to convert the warrant of arrest into bailable warrant because the warrant of arrest was issued at the first instance after taking cognizance, though no case was initially found against the petitioner. The petitioner may further be given liberty to raise all the issues, as have raised herein, at the time of hearing of case for framing of charges.

(3.) I have considered the submissions made by learned counsel and find that after the initial investigation, the petitioner was not made accused. The Special Court send the matter for further investigation, wherein the petitioner was also made accused. The order of cognizance was passed thereupon but at the first instance itself, warrant of arrest has been issued.