Point of Law: wherever a Court comes to conclusion that the process of Court is being abuses, the Court would be justified in refusing to proceed further and refused the party from pursuing the remedy in law.

JUDGMENT :

1. By way of present revision application filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, the applicant has assailed the order dated 18.03.2021 passed by learned Special Court (NDPS) and 5th Additional Sessions Court, Banaskantha at Palanpur, below Exh:139 in Special (NDPS) Case No.3/2018, whereby, the learned Special Judge rejected the application filed under Section 216 of the Code to alter/modify charge framed in respect of offences under Sections 17, 21, 27(A) of the Narcotics Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act for short) and Sections 465 & 471 of the Indian Penal Code.

2. The applicant is facing trial in the Court of learned Special Judge, Banaskantha at Palanpur in Special (NDPS) Case No.3/2018 for the offences 120(b), 117, 167, 204, 343, 465, 471 read with Section 120(b) and Sections 17, 18, 21, 27(a), 29, 58(1) and 58(2) of the NDPS Act. In this case, the applicant moved an application under Section 227 of the Code to discharge him from the alleged charges. The learned Special Court vide its order dated 23.08.2019, rejected the application. Thereafter, on 17.09.2019, the applicant Sanjeev Bhatt moved an another application at Exh:56 inter alia stating that, the sections under the NDPS Act, mentioned in the draft charge are not attracted and therefore, before framing charge, he may be accorded right of hearing. The learned Special Judge, after hearing the applicant and prosecution, rejected the application vide its order dated 18.09.2019 and on the same day, the charges came to be framed for the offences as referred to above. The applicant had filed revision petition being Criminal Revision Application No.1650/2019 before this Court, challenging the rejection of his discharge application and the same was dismissed vide order dated 21.05.2020. In the aforesaid background, on 02.03.2021, the applicant moved an application under Section 216 of the Code for alteration of charges framed at Exh:59, praying the following relief:-

“The accused No.2 therefore most humbly prays that,

(A) To alter the defective charge framed vide Exh:59 in respect to offences under Sections 17, 21, 27(A) of NDPS Act and Sections 465, 471 r/w 109, 34 of the IPC in view of the peculiar facts and circumstances of the case stated above.”

3. The application filed under Section 216 of the Code at Exh:139 came to be rejected by the Special Court vide its order dated 18.03.2021. Aggrieved by it, the present revision has been filed.

4. The brief facts of the prosecution case reads as follows:

4.1 It is alleged by the prosecution that, when the applicant was posted as District Superintendent of Police, Banaskantha at Palanpur, he and other co-accused have hatched the conspiracy to frame one Sumer Singh Rajpurohit, resident of Pali, Rajasthan State, in a false case of opium, punishable under the provisions of the NDPS Act. It is further alleged that, the applicant being a District Superintendent of Police by influencing his subordinate officer had involved them in the alleged criminal conspiracy. As a part of conspiracy, a false verdhi was being transmitted to control room on 30.04.1996 inter alia stating that, information received by the control room that, at about 06:10 a.m, Sumer Singh Rajpurohit is doing business of Opium and yesterday he brought 5 kgs opium and stayed at Hotel Lajvanti, Palanpur and delivery of the opium has to be given in Palanpur. It is alleged that, prior to the alleged verdhi, the applicant had knowledge that, the verdhi was bogus and false and had made conversation with his subordinate officer i.e. Mr. I.B.Vyas, Police Inspector, Local Crime Branch that, case of NDPS is required to be investigated. It is alleged that, Mr. Sanjeev Bhatt i.e applicant herein directed the concerned to send the verdhi to LCB office and directed Mr. Vyas to investigate the case. Mr. Vyas had raided the Hotel Lajvanti and seized the contraband opium of 1.15 Kgs. from Roo