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2022 Supreme(MP) 142
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR, J.
Jaivardhan – Appellant
Versus
The State of Madhya Pradesh – Respondent
MCRC No. 30722 of 2022
Decided On : 14-07-2022
Advocate Appeared:
For the Appellant : Shri Vikas Jain.
For the Respondent: Shri Akash Sharma.
The court's authority to re-hear a matter and appoint an amicus curiae in a case involving non-compliance with legal provisions.
Headnote:
Standing Order No. 1 of 1989 - Non-Compliance - The court re-hears the matter and appoints an amicus curiae to assist in a case involving the sampling of contraband and the grant of bail to accused persons.
Fact of the Case:
The applicant's counsel relied on the non-compliance of Standing Order No. 1 of 1989 regarding the sampling of contraband, which led to the grant of bail to the accused persons by the Gwalior Bench of the Court.
Finding of the Court:
The Court deems it fit to re-hear the matter and appoints an amicus curiae to assist in the case, directing the applicant's counsel to furnish relevant documents to the appointed advocate.
Issues: Non-compliance of Standing Order No. 1 of 1989, legal question involved in the matter, appointment of amicus curiae.
Ratio Decidendi: The court's decision to re-hear the matter and appoint an amicus curiae was influenced by the legal question involved and the reliance on Standing Order No. 1 of 1989.
Final Decision: The matter is listed for further proceedings on 29.07.2022.
ORDER :
1. Counsel for the applicant has relied upon the non-compliance of Standing Order No. 1 of 1989 dated 13.06.1989 which refers to sampling of the contraband and on the basis of which, the Gwalior Bench of this Court has also granted bail to the accused persons.
2. Since a legal question is involved in the matter, this Court deems it fit to re-here the matter and appoint Shri Manoj Kumar Soni, Advocate as amicus curiae who usually appears for the Narcotic Department to assist this Court.
3. Counsel for the applicant is directed to furnish a copy of the bail application as also other relevant documents including relied upon judgments to Shri Manoj Kumar Soni, Advocate.
4. Office is also directed to reflect the name of Shri Manoj Kumar Soni, Advocate in the cause list.
5. Let the matter be listed on 29.07.2022.
