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V.R.VORA
State of Gujarat – Appellant
Versus
Ashulal Nanji Bisnol – Respondent


Advocates:
Counsel for the parties:
For the Petitioner: Mr. S.N.Shelat, Adv. General with Mr. B.Y. Mankad, APP.
For the Respondent No.1:Mr. A.D. Shah. Advocate.
For the Respondent Nos. 2 & 3: Served.

JUDGMENT

J.R Vora. J.- This Revision Application is filed by the State against the order passed by learned Addl. Sessions Judge. Mehsana, in Session Case No. 58 of 1990 during depositin of witness PW. 16 Exh. 126 Dr. Smt. S.L.Vaya. by which the learned Addl. Sessions Judge observed that the statements recorded by this witness f the accused respondents are confessional in nature and. therefore, are not admissible and further that the witness had no authority under the provisions of the Criminal Procedure Code to obtain statements of the accused and. therefore the learned Addl. Sessions Judge held that the statements recorded by this witness were not admissible and further the learned Addl. Sessions Judge closed the evidence of witness and hence the State has filed this Revision Application against the said order passed on 5th of December. 1991 duping the deposition of the above-said witness.

2. The facts go to show that the present respondent along-with other accused are charged under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 and are being tried by the learned Addl. Sessions Judge. Mehsana in Sessions Case No. 58/90. It is the case of the prosecution tha

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