HOFFMAN ANDREAS Vs. INSPECTOR OF CUSTOMS AMRITSAR

JUDGEMENT

(1.) Appellant, a German national, stands convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). He was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000. 00 He preferred an appeal before the High Court against the conviction and sentence, but a learned Single Judge of the High Court confirmed the conviction and sentence and dismissed the appeal filed by him. Hence he has come up with this appeal by special leave.

(2.) The case against the appellant, in short, is that he was intercepted on 28.4.1996 by Public witness -1, Inspector of Customs, on suspicion and a search was conducted by Public witness -2, Superintendent of Customs Department. During which time 1600 grams of "charas" had been detected and recovered from his possession, i. e. from the tool box fixed beneath the motor cycle on which he was riding.

(3.) Three witnesses were examined for prosecution and they were crossexamined by the Counsel engaged by the appellant (Mr. Kailash Sammuel). After the stage of crossexamination of those three witnesses was over, unfortunately the said Mr. Kailash Sammuel passed away. Appellant then engaged Mr. S. S. Chahal, Advocate, for defending him in the trial. The new advocate filed a petition on 9.4.1997 invoking the power of the court under Section 311 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for recalling the three witnesses for the purpose of further cross-examination. The ground urged by the new Counsel for recalling those witnesses was the following : "his case was conducted by Mr. Kailash Sammuel, Advocate, who had died during the pendency of the trial and that it has now transpired that Kailash Sammuel, Advocate, was not keeping well and was under some mental pressure and he could not concentrate during the proceedings and as such, he failed to cross-examine the prosecution witnesses on material points. "