Law:

Section:

(a) Criminal Procedure Code (V of 1898)------S. 338---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c), 14 & 15---Possession of narcotic, aiding, abetment or association in narcotic offences---Statement of approver, recording of---Scope---Competency of Special Prosecutor (Anti-Narcotics Force) to file application for declaring an accused as approver---Scope---Accused and co-accused were allegedly involved in granting quotas of Ephedrine against the rules---Application filed by Special Prosecutor (Anti-Narcotics Force) for declaring the co-accused as an approver so as to record his statement was dismissed by the Trial Court on the grounds that complete challan had not been submitted; that the trial had not commenced so far; that the application pertaining to the pardon so as to declare the co-accused as an approver had not been moved by the In-charge of prosecution, and that the proposed statement of the co-accused had not been appended with the application---Validity---Statement of the approver could be recorded during the investigation or inquiry or trial, therefore, there was no condition precedent attached to the statement of the approver under S.338, Cr.P.C., and same could be recorded at any time before the ---Special Prosecutor (Anti-Narcotics Force) was undoubtedly the In-charge of prosecution and when a pardon had been tendered by the competent authority, Special Prosecutor was fully competent to move the application for declaring the co-accused as an approver---Record showed that statement of the co-accused was available on the record and had been appended with the petition filed by the Special Prosecutor---Impugned order of the Trial court, therefore, was not based on sound reasoning---Revision petition was accepted, impugned order was set aside and the Trial Court was directed to proceed with the matter as per request of the Special Prosecutor for declaring the co-accused as approver in the case on the conditions to be set out by the Trial Court and to record the statement of the approver in accordance with the law. (b) Criminal Procedure Code (V of 1898)--- ----S. 338---Accused pardoned by the competent authority as an approver---…

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