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2023 Supreme(Del) 370

AMIT SHARMA
Shyam Gupta – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.S. Das.
For the Respondents: Mr. Utkarsh with Insp. Vivekanand Pathak & SI Manoj Kumar, Spl. Cell, Crime.

JUDGMENT :

[Amit Sharma, J.]

1. The present revision petition has been filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) assailing the order dated 22.10.2018 passed by Shri Jitendra Kumar Mishra, Special Judge (NDPS) North, Rohini Courts, Delhi in SC No. 59403/16, titled State v. Shyam Gupta etc., whereby the learned Special Judge framed charges for offences under Sections 21, 22 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’) qua petitioner no. 1, Shyam Gupta; under Sections 22 and 29 of the NDPS Act qua petitioner no. 2, Saurabh Kumar Yadav and under Section 29 of the NDPS Act qua petitioner no. 3, Ninu Chaudhary.

2. Briefly stated, the facts relevant for adjudication of the present revision petition are as follows:

    (i) On 18.09.2016, the Special Task Force, Crime Brach, Delhi (hereinafter referred to as ‘STF’) received information that one, Shyam Gupta, who is a resident of Bareily, Uttar Pradesh is engaged in supply of heroin, mixed with alprazolam, caffeine and paracetamol and that he is arriving in Delhi to collect a supply of alprazolam.

(ii) On the basi

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