C A V Order

1. The applicant has filed the instant petition under Section 528 of the Bharitya Nagrik Suraksha Sanhita, 2023 (Sic Bhartiya Nyay Sanhita, 2023) challenging the order dated 27/07/2024 passed in Special Case No.87/2020 by the Special Judge (NDPS), Raipur, C.G. whereby the application filed by the applicant dated 03/10/2023 for exhibiting the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2024.12.11 Pen Drive “Article H-08” and reading the same in evidence has been rejected.

2. The applicant through the instant petition has prayed for the following reliefs:-

(a) Call for the Records and Proceedings of Special Case No.87/2020 from the file of Ld. Special Judge, Raipur.

(b) Quash and set aside the impugned Order dated 27/7/2024 passed by the Ld. Special Judge (NDPS), Raipur in Special Case No.87/2020 after examining the legality, validity, propriety and correctness of the said Order and allow the Application dated 3/10/2023 filed by the Applicant.

(c) Stay the further proceedings of Special Case No.87/2020, against the Applicant, pending on the file of the Ld. Special Judge (NDPS), Raipur pending the hearing and final disposal of the present Petition.

(d) That any other relief may also be granted to the Applicants which the Hon’ble court may find deem fit and proper in the facts and circumstances of the case & in the interest of justice.

3. The brief facts of this case are that on 21/10/2020, PSI Priyesh John (PW-13) of Azad Chowk Police Station, Raipur had received an information from his informer that a person, aged about 30 years, having wheatish complexion & height 6 feet, was trying to sell Narcotic Drug, In front of Sulabh Complex, Raipur. On receiving the said secret information, the police reached near Sulabh Complex at 16.30 hours on 21/10/2020 and the applicant was apprehended and the applicant was served a notice under Section 50 of the NDPS Act. The applicant gave his written consent for being searched by the PSI Priyesh John. On search being made, the police found a plastic pouch in the right pocket of the Jeans Pant of the accused No.1 therein having some contraband in it, which was seized under a Panchnama.

4. Thereafter, one police personnel R0 2149 brought one Tarun Gote (a measurement person), who weighed the said plastic pouch and found its weight as 9gms, 990 milligrams. Thereafter, FIR bearing No.232/2020 was registered at 19.15 hours on 21/10/2020 under Section 22(b) of the NDPS Act and the applicant was arrested.

5. The applicant filed a bail application before the learned Special Judge (NDPS) Raipur. During the pendency of the said bail application one PSI Mohd. Asrar Ali of Kotwali Police Station on 29/10/2020 filed an application before the learned Special Judge for grant of permission to arrest the applicant formally in connection with FIR No.255/2020 on the allegation that co-accused Nikita Panchal and Ashish Joshi in their statements under Section 161 Cr.P.C. had stated that the applicant used to bring contraband from Mumbai and used to supply them. Thereafter, the applicant was arrested in connection with the FIR No.255/2020.

6. Subsequently, on 17/12/2020 Azad Chowk Police filed charge-sheet in FIR No.232/2020 and the case was registered as Special Case No.87/2020 before the learned Special Judge (NDPS), Raipur. Thereafter, after filing of the charge-sheet the prosecution examined as many as 14 witnesses and the statement of the applicant and other accused under Section 313 of the Cr.P.C. were recorded.

7. Thereafter, the applicant filed an application dated 03/10/2023 before the learned Special Judge and prayed that the Pen Drive (Article H-08) produced by the applicant be exhibited and read in evidence and the said application has been rejected by order dated 27/07/2024. Hence this petition.

8. Learned counsel for the applicant would contend that the learned Court below has failed to appreciate that the documents which are marked as Articles only tentatively and as and when the documen