MOHAMMED ZOHA Vs. STATE

JUDGEMENT

(1.) The Criminal Original Petition has been filed challenging the order passed by the Court below in Crl.M.P.No.5884 of 2023 dtd. 12/10/2023, dismissing the application filed by the petitioner under Sec. 91 of Criminal Procedure Code (Cr.P.C.), for directing the respondents to produce certain documents that were mentioned in the application.

(2.) Heard Mr.S.Karthikeyan, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for the respondents.

(3.) The petitioner is facing trial before the Court below for offences under Sec. 8(c) r/w 22(c) of NDPS Act, 1985. The prosecution had examined three witnesses. The petitioner at that stage filed an application under Sec. 91 of Cr.P.C. seeking for a direction for production of certain documents, which according to the petitioner is required while cross examining the Police Officials and Investigation Officer. This application came to be dismissed by the Court below by an order dtd. 12/10/2023 on the ground that those documents can be sought for only if the case reaches the defense stage. Aggrieved by the same, the present petition has been filed before this Court.