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VISHNU SAHAI
R. N. Kakkar, Asst. Director; DRI – Appellant
Versus
Hanif Gafoor Naviwala – Respondent


Advocates:
Counsel for the parties:
For the Petitioner: R.M. Agarwal.
For the Respondents: Shirish Gupte with K.Z. Nagamia, R.H. Ponda and D.A. Nalawade.

JUDGMENT (ORAL)

Vishnu Sahai, J. - This petition under Article 227 of the Constitution of India read with sections 391,400 and 482 of the Criminal Procedure Code has been preferred by he Petitioner for, quashing orders dated 1-8-1995 (Exhibit 72) and

2-8-1995 (Exhibit 73) passed by the Special Judge, under the N.D.P.S. Act, for Greater Bombay in N.D.P.S. Special Case No. 1249 of 1988.

2. A narration of the facts in brief would be necessary for the disposal of this petition. The Respondent Nos. 1 to 3 are being prosecuted for offences punishable under the N.D.P.S. Act and section 135 of the Customs Act. A seizure of heroin, which took place on 21-1-1988 and 231-1988, which is said to have been imported into India by the respondents Nos. 1 to 3 along with an associate of theirs who is absconding, is said to have given rise to their prosecution. The following facts arc not disputed by the counsel for the parties:-

(a) trial in the instant case has been expedited by orders of this Court; and

(b) applications on which impugned orders were passed were made by the directorate of Revenue Intelligence in which the petitioner is employed, after the closure of evidence of parties, recording o

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