ARUMUGAM Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the accused to set aside the order passed by the Special Court for E.C. Act Cases, Salem in Cr.M.P.No.548 of 2019 in C.C.No.25 of 2017 dated 29.11.2019.

(2.) The learned counsel for the petitioner has submitted that the petitioner is facing trial for the alleged offence under Section 8(c) and 20(b) (ii)(B) of NDPS Act. He further submitted that according to the prosecution, the petitioner was in possession of 3Kg and 250g of ganja. He further submitted that the petitioner is an innocent person. He was not in possession of any such ganja. On 26.08.2019, P.W.1 viz., V.A.O was examined in chief and on that date, the petitioner's counsel has not come with full preparation and hence he filed a petition to defer the cross examination, but the learned trial judge has dismissed the said petition and recorded as " No cross ". He further submitted that subsequently, the petitioner has filed Cr.M.P.No.548 of 2019 under Section 311 of Cr.P.C to recall P.W.1, but the trial court without giving an opportunity to the petitioner to cross examine the said witness, dismissed the said petition. He further submitted that one more opportunity may be given to the petitioner to cross examine the said witness, or otherwise it will cause irreparable loss to the petitioner.

(3.) The learned Additional Public Prosecutor has submitted that P.W.1 came from Dharmapuri District and without valid reasons, the petitioner has filed a petition to defer cross examination and the same was dismissed by the court and thereafter, the petitioner has filed a petition to recall P.W.1 with a view to drag on the proceedings and taking into consideration of the aforesaid facts, the trial court has rightly dismissed the petition and hence, he prayed to dismiss this petition.