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2014 Supreme(SC) 397

B.S.CHAUHAN, J.CHELAMESWAR, M.Y.EQBAL
Kushalbhai Ratanbhai Rohit – Appellant
Versus
State of Gujarat – Respondent


ORDER

1. This petition has been filed against the interim order dated 27.12.2013, passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.2012 of 2006.

2. Facts and circumstances giving rise to this petition are :

A. That an FIR C.R. No.60 of 2001 was registered at Amraiwadi Police Station, Ahmedabad against one Mahalingam alias Shiva for the offence punishable under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). Pursuant to the said FIR, case commenced which was committed to the Sessions Court, Bhadra, Ahmedabad and the trial commenced.

B. On 4.8.2003, Shiva, accused who was detained at Vadodara Central Jail, was required to be taken to the Sessions Court at Bhadra, Ahmedabad and for that purpose an escort was arranged, however, the case was adjourned and the accused while going back was taken for a cup of tea to the Tea stall outside the court compound. Subsequent thereto, he expressed the desire to see his ailing mother and the escort persons tried to find the auto-rickshaw but the escort persons started nauseating and vomiting as some substance was allegedly had been mixed up with tea by the relatives of the accused and














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