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2021 Supreme(Guj) 392

ILESH J.VORA
Sanjiv Rajendra Bhatt – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR SAURIN A SHAH
For the Respondent: MR MITESH AMIN, LD. PP WITH MRS. KRINA CALLA

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 Sanj

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