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The brief facts of the present case are as under:

That, Shri Sajjansingh, Intelligence Officer, Narcotics Control Bureau, Ahmedabad filed a complaint against the applicant before the court of learned City Civil and Sessions Court, Ahmedabad as F. No. NCB/AZU/CR-02/2014 which was numbered as NDPS Sessions Case No. 4/2014 under Sections 22, 25A, 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 on 11.08.2015 in which it is interalia stated that the applicant in pursuance of a conspiracy indulged himself along with Mayur Trivedi-accused no.1 in manufacturing and trafficking 4.12 Kgs of Pseudoephedrine Hydrochloride powder and 0.410 kgs and 0.280 kgs of Amphetamine seized from the residential premises of the said Mayur Trivedi-accused no.1 situted at House No.2, 2C of Jay Vijay Apartment, Sardar Chowk, Krishna Nagar, Ahmedabad and also 0.561 kgs of Ehedrine Hydrochloride tablets seized from the premises Praful Niwas, Nava Rasta, Mandvi ni Pole, Ahmedabad and have committed the aforesaid offence. That applicant was in Jaipur Jail in respect of some other offence at the relevant point of time is joined as accused no.2 in the present case. He has prayed for appropriate order/instruction to the Superintendent, Central Jail, Jaipur and Special NDPS Court, Jaipur accordingly so that the applicant may bring before Ahmedabad Court on each and every date. That, the applicant is no where connected or not knowing and nothing to do with the persons whose statements are recorded by the complainant. Therefore, the applicant preferred an application vide Exh.11 under Section 227 of the Code of Criminal Procedure for discharging him from the charges levelled against him before the trial court which was rejected on 21.12.2016 and thus, applicant has approached this court by way of present application.

On the other side, learned Central Government Standing Counsel Mr. Devang Vyas has submitted that on the basis of the information received on 06.03.2014, NCB Zonal Unit Jodhpur conducted a house search in Jhotwar area of Jaipur and recovered 18 Kg of Charas concealed in the house and car, two persons namely Fafil Ahmed @ Javed and Mukesh son of Ramprasad were detained and panchnama was prepared. Thereafter, the officers of the Ahmedabad Zonal Unit of NCB carried out search of the residential premises of Mayur Trivedi with two independent panch witness on 07.03.2014. During search, Ephedrine was found for which Mayur Trivedi informed that it was supplied to him by Javedbhai and Maharjbhai five months back and on testing with the help of Field Precursor Detection Kit, it gave positive result for Ephedrine and yellow colour substance was found as positive result for Amphetamine. Then, statement of Mayur Trivedi was recorded under Section 67 of the NDPS Act wherein he voluntarily stated that material was supplied to him by one Maharajbhai of Mumbai and Javedbhai of Delhi. Mayur Trivedi further stated that in January 2014, Javed came to Ahmedabad and met him at Vijay Guest House near Geeta Mandir Bus Stand and he handed over him two packets of Amphetamine and told him that Maharajbhai will come to Ahmedabad and take away this Amphetamine and will pay his dues. It is further argued that statement of Mohmed Saleem s/o Valimahmed Chandnivala, Chemist of CPM Enterprise was recorded under Section 67 of NDPS Act on 11.03.2014 and from his statement, it was found that CPM enterprise was in possession of the valid license for manufacture of Ephedrine tablets and other related documents. That call details of both the persons namely Mayur Trivedi and Javed were obtained from the service provider companies and on analysis of call details record, it was found that both were in contact from July 2013 to first week of March 2014. That, statement of Kafil Ahmed was recorded in which he admitted having met Mayur Trivedi in Hotel Vijay Guest house in Ahmedabad. That, Amphetamine is a Psychotropic Substance under NDPS Act 1985 and trafficking of Amphetamine is punishable under Section 22 of NDPS Act 1985. Commercial quantity for Amphetamine is 50 grams whereas the quantity of Amphetamine seized in present case was 0.690 Kilogram which is well above the commercial quantity. In support of his arguments, learned Central Government Standing Counsel for the respondent no.2 has placed his reliance in the case of "State of Madhya Pradesh v. Mohanlal Soni", reported in AIR 2000 SC 2583 and "Central Bureau of Investigation, Hyderabad v. K. Narayan Rao" reported in (2012) 9 SCC 512 Ultimately it was requested to dismiss present application, as learned City Civil and Sessions Court has committed no error in dismissing the application of discharge from the charges preferred by the applicant.

From the investigation papers produced on record, it appears that information was received on 06.03.2014 and on the basis thereof, NCB Zonal Unit Jodhpur conducted a search in the house situated at Jhotwar area of Jaipur and recovered 18kg of Charas concealed in a house and car. Two persons namely Kafil Ahmed @ Javed and Mukesh S/o. Ramprasad were detained and panchnama was prepared. Thereafter, action upon the above information, Zonal Unit of Narcotics control Bureau, Ahmedabad carried out search through its officers at the residential premises of Mayur Trivedi (accused no.1) with two independent panchas on 7.3.2014. During the course of search of the residential house of the accused no.1, Ephedrine was found. The co-accused, in his statement, under Section 67 of the Act, informed that it was supplied to him by Javedbhai and Maharajbhai before five months and detection thereof was found positive for Ephedrine. On making further search, yellow colored substance was found positive result for Amphetamine. On enquiry about the processing of Ephedrine to convert it into Amphetamine, it was informed by the co- accused Mayur Trivedi that he processed this material in rented premises at Mandvini Pol, Manik Chowk Ahmedabad. It was the same premises which was informed by Jodhpur Zonal Unit of NCB in the letter forming the basis of information. Further search was conducted by the officers of the Department of the premises of Praful Niwas, Mandvini Pol and lot of material was found including Ephedrine Tablets. The co- accused Mayur Trivedi also stated voluntarily in his statement under Section 67 of NDPS Act 1985 and accepted that 4.120 kg Ephedrine and 280 gm. 410 gm. Amphetamine in two different packings was recovered from his house. As per his statement, this material was supplied to him by one Maharajbhai of Mumbai and Javedbhai of Delhi. He was asked by the suppliers to convert this material into Amphetamine and they promised him to pay rupees five thousand for each kilogram of Amphetamine. As per the further statement of co- accused, in January 2014, Javed came to Ahmedabad and met him at Vijay Guest House near Geeta Mandir bus stand. He handed over him two packets of Amphetamine saying that Maharajbhai will come to Ahmedabad and take away this Amphetamine and will pay his dues. The co-accused Mayur Trivedi has also stated that he procured Ephedrine Tablets for giving to Javedbhai as he demanded but later on he denied to take. He was arrested on 8.3.2014 for his involvement in possessing and storing of Ephedrine, a controlled substance, in contravention of Narcotic drug and Psychotropic Substance Order 2013 made under Section 9A of the Narcotic Drugs and Psychotropic Substance Act 1985 and manufacturing of the Amphetamine in conspiracy with others.

It also appears that another statement of Laxminarayan Sharma was also recorded wherein he has stated that Kafil Ahmed used to get book tickets with the same mobile number and he also identified a photograph shown to him to be of Kafil Ahmed who used to visit to get the tickets booked and to make the payment.

During the investigation, it was also come on record that Kafil Ahmed was detained in connection with the seizure of 18 kg charas from Jaipur to Jodhpur NCB and he had disclosed before the NCB officers of Jodhpur that he had taken samples of Amphetamine and Alprazolem from Mayur Trivedi and had also given address located in Ahmedabad. Prima facie it appears that Kafil Ahmed along with Mayur Trivedi and other persons had entered into conspiracy of manufacturing of Amphetamine and trafficking of Pseudeophedrine Hydrochloride indulging in manufacturing of Amphetamine and trafficking of Pseudoephedrine Hydrocloride and EPHEDRINE Hydrochloride in violation of Section 8(C), 9A, 22 of NDPS Act 1985 and RCS Order 2013 punishable under Section 29 read with 25A and 22 of NDPS Act 1985.