JOSEPH B BRAGANZA Vs. STATE OF GOA

JUDGEMENT

(1.) The Registry shall re-register the Petition as a Criminal Writ Petition.

(2.) Heard Ms Aldila Braganza - Petitioner 2 who is appearing in person and the learned Addl. Public Prosecutor Mr Nikhil Vaze. Rule. With the consent of the parties, the Petition is heard finally.

(3.) Ms Braganza would submit that the order dtd. 10/5/2023, rendered by the learned District Judge-1 and Addl. Sessions Judge cum Spl. Judge, N.D.P.S. Court in CRMA/124 and CRMA/125 of 2023 whereby a notice issued to the proposed accused, is contrary to the enunciation of law of the Constitution Bench of the Supreme Court in Iqbal Singh Marwah vs. Meenakshi Marwah - (2005) 4 SCC 370 which is referred to and relied upon by a relatively recent decision of the Supreme Court in The State of Punjab vs. Jasbir Singh in Criminal Appeal No. 335/2020 decided on September 15, 2022. Ms Braganza is well justified in the submission that the proposed accused has no right of hearing in the proceedings under Sec. 340 of the Criminal Procedure Code, 1973 (Cr.P.C.). The law appears to be well settled in view of the decisions of the Supreme Court, supra.