MUHAMMED SAHIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The right of an accused to adduce all his evidence during a trial is raised for consideration in this petition under sec. 482 of the Code of Criminal Procedure 1973.

(2.) Petitioner as the first accused in S.C.No.995 of 2022 on the files of the Additional Sessions Court, North Paravur is facing prosecution along with 12 others for the offences under Ss. 20(b)(ii)(B) and 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. After the prosecution examined 77 of the 155 witnesses cited by them, the defence was called upon to enter their evidence. Though petitioner filed a list of five defence witnesses, summons was issued to only three of the five. By the impugned order, the learned Sessions Judge dismissed the application to issue summons to witnesses Nos.1 and 3 in the witness list. Petitioner is aggrieved by the impugned order dtd. 30/5/2024.

(3.) Sri. Ralph Reti John, the learned counsel for the petitioner, submitted that the impugned order is erroneous as it has denied the accused his right to adduce all his evidence. It was further submitted that if summons to all the witnesses are not issued it would amount to denial of the right to fair trial and cause prejudice to the defence evidence. The learned Counsel also submitted that the observation of the learned Sessions Judge that the attempt is to delay the trial is wholly without any basis.