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GITA GOPI
Chintan Rajubhai Panseriya – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. challenge to the order dated 04.12.2023. (Para 1 , 2) |
| 2. petitioner's grievance against order. (Para 3 , 4) |
| 3. arguments presented by the prosecution. (Para 6) |
| 4. submission by the defense counsel. (Para 7) |
| 5. details of the second fir. (Para 8) |
| 6. arguments on the chain of custody. (Para 9) |
| 7. discussion on the applicability of second fir. (Para 10) |
| 8. further analysis of fir procedure. (Para 11 , 12) |
| 9. task of the court in evaluating evidence. (Para 13) |
| 10. constancy of info shared between police. (Para 14) |
| 11. evidence collection and investigation process. (Para 15) |
| 12. final analysis and judgment overview. (Para 16) |
| 13. decision on the merger of firs. (Para 17) |
| 14. conclusion of the case. (Para 18) |
Gita Gopi, J.
JUDGMENT :
1. The present revision application is filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short ‘the Code’), challenging the order dated 04.12.2023 in Special (NDPS) Case No.1 of 2023 by the learned Additional Sessions Judge, Ankleshwar of rejection, wherein the revisionist had prayed for discharge from the Special (NDPS) Case No.1 of 2023 by filing an application at Exh.14, which was in connection to FIR at Anklesh
The registration of a second FIR concerning the same incident is impermissible under the law unless distinct offenses are involved, reinforcing principles of double jeopardy and 'Test of Sameness'.
In narcotic drug cases, subsequent procedural non-compliance and shifting of occurrence location do not preclude ongoing trials; mandatory provisions of NDPS Act must be adhered to but are contextual....
The main legal point established in the judgment is the requirement for a complete chain of circumstances to ascertain the involvement of an accused.
Two separate FIR - Investigation - Permissible - Simultaneous investigation would not amount to fresh investigation. Interference in a matter where the earliest information prima facie makes out cogn....
The court ruled FIRs valid under narcotics laws due to evidence of drug trade violations, establishing sufficient grounds for investigation under multiple legal acts.
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.
The prosecution's failure to adhere to mandatory provisions of the NDPS Act led to serious discrepancies, resulting in the acquittal of the accused.
Confessional statement of accused recorded under Section 67 of NDPS Act is not admissible in evidence.
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