( 1 ) RULE. Mr. S. P. Dave, learned APP waives service of rule on behalf of respondents.

( 2 ) HEARD Mrs. Unwala, learned advocate for the revisioner and Mr. S. P. Dave, learned APP for the State. The revisioner herein challenges the order passed by the learned Additional City Sessions Judge below application Exh. 80 in Session Case No : 175 of 1998 pending before him. The present petitioner is the accused in that session case and is being tried for offences under Narcotic Drugs and Phychotropic Substances Act, 1985 (the `ndps Act for short ). During the course of trial, the application came to be tendered on behalf of the applicant objecting to taking on record and statement recorded under Section 67 of the NDPS Act and praying for not exhibiting that document on the ground that the summon seems to have been issued under Section 53 (1) of the NDPS Act, whereas the statement sought to be to be recorded purports to be under Section 67 of the NDPS Act and therefore, it cannot be taken on record unless condition as contemplated under Section 53 (A) are fulfilled. The learned Additional City Sessions Judge after hearing both the sides passed the impugned order dated 25/06