Rajasthan HC Dismisses Sanjeev Bhatt’s Plea to Close His Case Under NDPS Act

Bhatt argues that Jodhpur Special Court (NDPS) had already taken cognisance of his case

Sanjiv Bhatt, in his plea, requested that the case filed under the NDPS Act against him should be closed. The case in question has been going on before a Special Court formed under the NDPS Act in Palanpur, Gujrat.

In his submission, Bhatt had argued that the Jodhpur Special Court (NDPS) had taken cognisance of the case. However, a charge sheet was subsequently filed against him on the same matter in a Gujrat Special Court. In his view, the High Court should decide the place of inquiry or trial as per Section 186 of the CrPC since both the proceedings deal with the same offence. 

Section 186 of the NDPS Act empowers High Courts to decide the place of inquiry

Section 186 of the NDPS Act empowers the High Court to decide the place of inquiry of an offence when two or more courts have taken cognisance of the same offence and a question has arisen as to which one of them should inquire into or try the offence.

Rajasthan HC disagrees with Bhatt’s contention

Rajasthan High Court dismissed Bhatt’s plea. Justice Manoj Kumar Garg stated that the two complaints do not have the same foundation and are in fact, distinct. 

The complaint registered in Gujrat deals with conspiracy and offence relating to the NDPS Act by placing contraband while in Rajasthan, the complaint deals with the false implication in NDPS case arising out of a property dispute. 

The Hon'ble Court clarified that Section 186 is only applicable in cases where the complaints filed in different courts are related to the same offence.