The Hon’ble Rajasthan High Court has dismissed a petition filed by Sanjiv Bhatt seeking discontinuation of the proceedings in NDPS Case, - pending before the Special Court in Palanpur, Gujarat.

Bhatt's contention includes that first the cognizance was taken against him in the NDPS Case by Jodhpur Special Court and later on when the subsequent charge-sheet was filed against him before the Special Court in Palanpur and the cognizance was taken against him. He also contended that the two criminal cases have been made against him and the foundation of these cases was same, therefore, Section 186 of Code of Criminal Procedure, 1973 is attracted in the present case.

Section 186 of CrPC empowers the High Court to decide the question in case of doubt as to which of the two different Courts having taken cognizance of the same offence should inquire or try and if in a certain case both the Courts are subordinate to the same High Court, under Clause (a), the decision shall be taken by the same Court. But, in a case where the two different Courts are the Courts subordinate to different High Courts, under Clause (b), the decision shall be taken by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings first commenced.

This news has been reported by Mr. Mithil Malhotra.