ANAND KUMAR KASHYAP Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the instant Criminal Miscellaneous Petition under Sec. 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (in short "BNSS 2023"), against the order dtd. 21/4/2025 passed by learned Special Judge (NDPS Act), Janjgir, District JanjgirChampa (C.G.) in SCC NDPS Act No. 01/2024, whereby the learned trial court has allowed the application of the prosecution filed under Sec. 348 of the BNSS, 2023, and called Mr. S. Bhagat as the prosecution witness for his examination.

(2.) The brief facts of the case are that the petitioner is an accused in the above-said Criminal Case SCC NDPS Act No. 01/2024 and facing trial of the case for the offence under Ss. 8, 20, 25, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "NDPS Act") before the learned Special Judge (NDPS Act), Janjgir, District Janjgir-Champa. During the trial of the case, the prosecution witnesses have been examined, the accused's statement was recorded, and after hearing the parties, the case was fixed for pronouncement of judgment on 2/4/2025.

(3.) On 1/4/2025, the prosecution has filed an application before the learned trial court under Sec. 348 of the BNSS, 2023, for calling the Bank Officer, Mr. S. Bhagat, as the prosecution witness for his evidence. It is submitted in the application that the accused had opened his bank account at Union Bank of India, Champa Branch, but by mistake, he could not be put in the list of witnesses and therefore he could not be examined as the prosecution witness whereas the branch manager of the bank has been examined in whose branch he opened the bank account. The officer, who opened the bank account of the accused in the bank, is an important witness, and he may be called as a prosecution witness along with the relevant documents of the bank.