BILAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present C482 application, applicant has put to challenge the order dtd. 12/10/2021, passed by learned Special Judge NDPS, Vikasnagar, District Dehradun, whereby the application no.22? moved by the applicant has been rejected.

(2.) The facts of the case shorn-off unnecessary details are that the applicant is facing trial before the Special Judge, NDPS, Vikasnagar, District Dehradun in Special Sessions Trial No.419 of 2021, State vs. Bilal, under Sec. 8/20/60 of the NDPS Act. PW1-Kavinder Singh Rana was examined on 23/2/2021 before the learned trial court and his examination-in-chief was recorded. PW1-Kavinder Singh Rana was not cross-examined by the Advocate, namely, Manoj Sharma earlier engaged by the applicant as the applicant was in jail. The applicant, subsequently, engaged Mr. Ajay Kumar Badoni for conducting his trial, who moved application paper no. 22? on 6/9/2021 under Sec. 311 Cr.P.C. requesting the learned trial court to reject the order of closing the opportunity of cross examining PW1-Kavinder Singh Rana and provide him one opportunity to cross examine PW1-Kavinder Singh Rana.

(3.) In para 2 of the said application it has been stated that on the date of examination-in-chief of PW1-Kavinder Singh Rana on 23/2/2021, applicant was lodged in District Jail and the Advocate-Manoj Sharma, who was engaged by the applicant to conduct his case refused to conduct the case. It is also stated in para 2 that since the applicant could not engage the new counsel to conduct his case, therefore, witness PW1-Kavinder Singh Rana could not have been cross-examined, therefore, it was requested that the learned trial court to give him opportunity to cross-examine PW1-Kavinder Singh Rana after quashing the order of closing the opportunity of cross-examination.