YASHWANT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present Revision is filed under Sec. 397 of Cr.P.C against the order dtd. 19/1/2023 passed by Special Judge, NDPS Act District - Neemuch in Trial No.59/2017 by the impugned order. The Trial Court has recalled the witness Investigating Officer Nagesh Yadav.

(2.) Counsel for the petitioner submits that the aforesaid order is contrary to the laid down by a co-ordinate Bench in the case of Preetam Vs. State of M.P 1994(II) MPWN 351 wherein it has been held that re-calling of witness who has been duly examined and cross-examined, the provision cannot be resorted to for filing up lacuna left by prosecution or defence.

(3.) After hearing learned counsel for the petitioner and upon perusal of the order, it is evident that re-call of the said witness Investigating Officer Nagesh Yadav has been held to be essential in order to just decision of the case because the sample seized has not been exhibited, statement in Roznamcha S a n a has not been taken up and the identification of seized material and samples/articles have also not been conducted. The provisions of Sec. 311 of Cr.P.C reads as under:-