JUDGMENT :

1. Heard Mr. Rajiv Lochan Shukla, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State.

2. The Present case has been filed assailing the order dated 03.12.2022 passed by learned Additional District and Sessions Judge, Fast Track Court, Second, District-Hapur in Special Session Trial No.159 of 14 (New No.78 of 2015) vide which the applicant’s application under Section 91 Cr.P.C. has been rejected.

3. Brief facts of the case are that an FIR was lodged by opposite party no.2, S.I. Sanjay Tyagi, against the applicant and co-accused Gaurav Tyagi on 03.07.2014, which was registered as Case Crime No.297 of 2014, under Section 18/20 of N.D.P.S. Act, at Police Station-Pilakhua, District-Hapur. The applicant was arrested, after which, he was produced before the Court concerned on 04.07.2014 in police custody and remand was sought by the Police/Investigating Officer and the learned Court below allowed the remand of the applicant till 18.07.2014 vide order dated 04.07.2014. The Court concerned while allowing the remand has recorded the statement of the present applicant on oath. Considering the aforesaid natural and trustworthy statement of the pre