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GUJARAT HIGH COURT
Additional City Sessions Judge, J
Abdul Hamidkhan Pathan and Others v. State of Gujarat and Others
| Table of Content |
|---|
| 1. charge framing against accused under ndps act. (Para 1 , 2) |
| 2. arguments on legal grounds for quashing charges. (Para 3 , 4) |
| 3. discussion on the effects of witness examination failure. (Para 5 , 6 , 7 , 8 , 9) |
| 4. clarification on the scope of section 202 inquiry. (Para 10 , 11 , 12) |
| 5. rationale for not requiring full witness examination. (Para 13 , 20) |
| 6. final decision on applications and denial of bail. (Para 21 , 22 , 23 , 24 , 25 , 26) |
1. The Additional City Sessions Judge, Court No. 17, Ahmedabad, by the O.12th Jan., 1987 has framed charge against the petitioner (original accused No. 4) and opponents Nos. 3 to 5 for the offences punishable under S.20(b)(ii) and S.25 read with S.29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and S.120B of the I.P.C. In the alternative he has framed charge for the offence punishable under S.20(b)(ii) of the Act. Further, in the alternative accused Nos. 2 and 4 are charged for the offences punishable under S.25 of the Act.
2. The petitioner original accused No. 4 has filed this Miscellaneous Criminal Application for quashing and setting aside the charge framed against him and also for releasing him on bail. It is h
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