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CR.RA/547/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 547 of 2008
With
CRIMINAL
REVISION APPLICATION No. 549 of 2008
With
CRIMINAL
REVISION APPLICATION No. 551 of 2008
======================================
SARJAN
LALA YADAV
Versus
STATE
OF GUJARAT
======================================
Appearance
:
MR RAJESH M AGRAWAL for
Applicant,MR YOGESH R AGRAWAL for Applicant.
MR RC KODEKAR, APP
for Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 10/10/2008
ORAL
ORDER
1. It
was submitted by learned counsel, Mr.Agrawal appearing for the
petitioner that, even as this Revision Applications were moved in
early August 2008 to challenge the orders made in July 2008, the
applications could not be reached even for admission hearing while
the trial before the trial Court is concluded and it is kept for
final argument or pronouncement of judgment on 13th
October 2008. He further submitted that in view of recent decision
of the Supreme Court in E. Micheal Raj v.
Intelligence Officer, Narcotic Control Bureau
reported in AIR 2008 SC 1720,
percentage of purity of the narcotic drug in question was required
to be ascertained in the interest of justice.
2. Learned
APP, Mr.Kodekar appearing for the respondent submitted that in
absence of record of the trial Court, it was not clear as to whether
and when the issue was raised before the trial Court by the
petitioners; and, prima facie, it
appears from the impugned orders that the issue was raised at the fag
end of the trial.
3. Hence,
Rule returnable on 20th October 2008. Learned APP,
Mr.Kodekar waives service. In the meantime, Record and Proceedings
of the trial Court shall be called for so as to reach this Court on
that date. Direct service is permitted.
(D.H.Waghela,
J.)
*malek
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