SUKHPAL SINGH KHAIRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the above appeal, the order dtd. 17/11/2017 passed by the High Court of Punjab and Haryana in Criminal Revision No.4070 of 2017 and Criminal Revision No.4113 of 2017 are assailed. Through the said order, the High Court has dismissed the Criminal Revision Petitions and upheld the order dtd. 31/10/2017 passed by the Trial Court summoning the appellant as an additional accused by exercising the power under Sec. 319 of the Criminal Procedure Code, 1973 (CrPC for short). For the purpose of narration of facts the case in Criminal Appeal No.885 of 2019 is noted.

(2.) The position which led to the appellant being summoned is that on 5/3/2015 a First Information Report was lodged in the Police Station Sadar, Jalalabad against 11 accused for the offence under Ss. 21, 24, 25, 27, 28, 29 and 30 of Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS for short), Sec. 25-A of Arms Act and Sec. 66 of the Information Technology Act, 2000 (IT Act for short). In the charge sheet dtd. 6/9/2015, 10 accused were summoned and put to trial in Sessions Case No. 289 of 2015. Though the second charge sheet was filed by the police, the same did not name the appellant herein as an accused.

(3.) In the trial conducted before the learned Sessions Judge also, initially the name of the appellant was not mentioned by the witnesses. After the initial recording of evidence, the prosecution filed an application dtd. 31/7/2017 under Sec. 311 of CrPC for recalling PW-4 and PW-5, which was allowed. In the further examination of the said recalled witnesses, they named the appellant herein. The prosecution thereafter filed an application on 21/9/2017 invoking Sec. 319 of CrPC in the said Sessions Case No.289 of 2015 for summoning additional 5 accused, including the appellant herein. The summoning of additional accused was sought based on the evidence tendered by PW-4, PW-5 and PW-13.