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2022 Supreme(Raj) 2861

DINESH MEHTA
Yogesh S/o Ram Chandra – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Kailash Khilery, for the Appellant; Mr. S.K. Bhati, Public Prosecutor, for the Respondent

ORDER

1. The petitioners have approached this Court invoking inherent jurisdiction of this Court conferred by Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ’the Code’) oppugning the order dated 28.06.2022, passed by learned Special Judge, NDPS Cases, Bhilwara (hereinafter referred to as ’the trial Court’) whereby their application under Section 91 of the Code has been rejected.

2. The facts appertain are that a charge-sheet has been filed against the petitioners for offences under Sections 8/15, 25 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ’the NDPS Act’), on the accusation that contraband substances were recovered from petitioners’ possession.

3. Mr. Khilery, learned counsel for the petitioners contended that the petitioners have been wrongly enroped in the case of the NDPS Act and despite the seizure officer not being present at the scene, the recovery has been stage managed vindictively by police personnel.

4. In order to support their stand/alibi, the petitioners moved an application under Section 91 of the Code and prayed that mobile tower location of Thakra Ram, SHO, P.S. Bigod and DriverConstabl

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