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2021 Supreme(Del) 2351

SURESH KUMAR KAIT
Mehabub Rehman @ Empha – Appellant
Versus
State Through: Spl Cell, Delhi Police – Respondent


Advocates appeared:
Adish C Aggarwala, Advocate, Amish Aggarwala, Advocate, Kuldeep Jauhari, Advocate, Karan Ahuja, Advocate, Anubhav Tyagi, Advocate, Rajat Bhatia, Advocate, Amit Chadha, Advocate

JUDGMENT

Suresh Kumar Kait, J. - Petitioner is accused in FIR No. 160/2019, registered at police station Special Cell, Delhi for the offences under Sections 21/29/61/85 Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth referred to as the "NDPS Act") and is aggrieved of order dated 05.10.2020 passed by the learned trial court vide which his application under Section 167(2) Cr.P.C. and Section 36 A(4) of the NDPS Act has been dismissed.

2. The present petition has been preferred on the ground that the petitioner was formally arrested in this case on 11.03.2020 and thereafter, charge sheet under Section 173(2) of the Code was filed in this case, however, petitioner's name was not there in the charge sheet. Vide order dated 20.03.2020, learned Special Court had directed the petitioner to give his voice sample for getting it matched with the intercepted call recordings available with the prosecution. Thereafter, on 26.08.2019 supplementary charge sheet was filed against the petitioner without the Central Forensic Science Laboratory (CFSL) report of the voice samples and no extension of time was sought by the prosecution for completion of investigation in terms of Section 36

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