Rajasthan High Court today dismissed a plea filed by sacked IPS officer Sanjiv Bhatt requesting the closure of a case filed under the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) as reported by Live Law. The case was reportedly going on before the Special Court (NDPS) in Palanpur, Gujarat.
In his petition, Bhatt had contended that the Jodhpur Special Court had first taken cognisance in the NDPS case and later on a charge sheet was filed against him in the Gujarat Special Court. According to him, both the proceedings have the same foundation, therefore, section 186 of the Code of Criminal Procedure, 1873 (CrPC) is attracted. Under section 186 of the CrPC, a High Court can decide the place of inquiry or trial of an offence where two or more courts have taken the cognisance of the same offence and a question has arisen as to which one of them should inquire into or try the offence.
In the order dismissing the plea, Justice Manoj Kumar Garg observed that the two complaints registered in Gujarat and Rajasthan are distinct. The complaint registered in Gujarat relates to conspiracy and offence relating to the NDPS Act by placing contraband and the complaint filed in Rajasthan pertains to the false implication in NDPS case arising out of a property dispute. He clarified that section 186 applies only in a case where the complaints filed in different courts are related to the same offence. Noting that the petition lacks merit, the court observed, “Moreover, the conduct of the present petitioner is writ large from the observations made by Honourable Gujarat High Court mentioning that the applicant has scant respect for the courts”.
Bhatt was arrested by the Gujarat CID on the accusation of falsely implicating a lawyer Sumersingh Rajpurohit by planting opium in a hotel room in Palanpur. The tainted cop’s lies were also exposed by the Nanavati Commission in its report wherein it debunked his allegation on the then Chief Minister of Gujarat Narendra Modi that he had called a meeting at his residence post-Godhra riots to allow Hindus to vent out their anger against Muslims.
