JUDGMENT :

J.B. Pardiwala, J.

By this writapplication under Article 226 of the Constitution of India, the applicant-accused of an NDPS case has prayed for the following reliefs:"

A) Be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ direction quashing and setting aside the action taken by the respondent No.3 purporting to be acting under the Home Ministry 9 respondent no.2) by holding that the same is having no powers under the Act and relevant notification in force.

(B) Be pleased to issue a writ of certitorari or writ in the nature of certiorari or any other appropriate writ or direction quashing and setting aside the proceedings initiated against the petitioner as the same are against the provision of law and in not consonance with the ruling laid down by the Apex Court.

(C) During the pendency and final disposal the further proceedings and investigation my kindly be stayed."

2. The case of the applicant accused may be summarised as under:

3. The applicant herein is an accused in a NDPS Case No.1/2004 instituted by the respondent No.3 in the Court of the learned Special Judge, Nadiad. The case of the Department is that on 15th July 20