RAJEEV GUPTA Vs. CENTRAL NORCOTICS BUREAU

JUDGEMENT

(1.) Petitioners are facing criminal trial under Ss. 43, 8/22 and 29 of NDPS Act registered as SC BDPS/3302592/2016 pending in the Court of Special Judge, NDPS, Gwalior, wherein, the application moved on behalf of the petitioners under Sec. 91 of Cr.P.C. was dismissed by the impugned order dtd. 23/4/2024.

(2.) The petitioners raised specific defence during the cross examination of the prosecution witness that investigating agency had issued notices under Sec. 67 of the NDPS Act to various wholesalers but action was taken against only 3-4 wholesalers, those did not succumb to demand. An application is moved on behalf of the petitioners under Sec. 91 of Cr.P.C., wherein they demanded the outward register for the period of 2015-2017 from the prosecuting agency for the purpose of proving the fact that the notices were issued to several other wholesalers. However, the prosecuting agency replied that they are not in a practice to enter the notices in the outward register. Thereafter, the petitioners moved an application before the Special Court for issuance of directions to the prosecuting agency to submit the affidavit in support of the reply but the same was not accepted by the trial Court.

(3.) Counsel appearing on behalf of the petitioners submits that the petitioners have taken the specific defence even during the cross examination of the prosecution witnesses and, therefore, this issue is having importance in the present trial. Until and unless an affidavit is filed in support of the reply, the reply cannot be accepted and the Special Judge has committed an error in not issuing any direction to the prosecuting agency to file the affidavit of the investigating officer in support of the reply. He prays for issuance of necessary direction to the prosecuting agency to submit the relevant documents or file the affidavit in support of the reply.