JUDGMENT/ORDER

BHARAT P.DESHAPANDE, J. - Rule. Rule is made returnable forthwith. Heard finally with consent of the learned Counsel for the parties.

2. The petitioner/accused filed an application under Sec. 91 of CrPC before the Special Criminal Court (NDPS) in Case No.29 of 2023 at the stage when the matter was fixed for arguments for framing of charge. The said application was rejected by the learned Special Court vide order dtd. 15/07/2023, which is under challenge.

3. Heard Mr. Arun Bras De Sa, learned Counsel for the petitioner and Mr. Pravin Faldessai, learned Additional Public Prosecutor for the respondents-State.

4. Mr. De Sa would submit that on 04/11/2022 the petitioner was allegedly taken away from his home and was booked under FIR No.104/2022 by the Crime Branch Police Station Ribander on the allegations that during house search, Ganja weighing 5.042kgs, Charas weighing 1.008kgs, cultivated cannabis plants having flowering and fruiting tops substance suspected to be Ganja weighing 5.350kgs were recovered. He would submit that no panchanama of search and seizure was carried out at the house of the petitioner and the entire procedure was conducted at the police station. He