( 1 ) HEARD learned Senior Advocate Mr. R. K. Shah appearing for the petitioner. Rule. Learned Advocate Kiran R. Jani with Senior Advocate B. B. Nayak having appeared in response to the notice issued to respondent No. 1 has waived the service of Rule. Similarly, learned Advocate Mr. M. R. Gehani who has appeared in response to the notice issued to respondent No. 2 has waived service of Rule. Learned A. P. P. Mr. A. J. Desai has waived service of Rule on behalf of respondent No. 3. By consent of the parties, the matter is finally heard.

( 2 ) THE petitioner is the original accused No. 2 of a Sessions Case No. 162 of 1994, which is pending at present in the Court of Additional City Sessions Judge, ahmedabad, Court No. 10. Respondent No. 2 is the original complainant, on whose complaint, said Sessions Case No. 162 of 1994 has been registered under the provisions of S. 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances act, 1985 (hereinafter referred to as "n. D. P. S. Act" ). The petitioner has challenged the legality, validity and propriety of order dated 12th May, 1997 passed by learned additional City Sessions Judge, Ahmedabad, Court No. 10, below Exh.