IBRAHIM Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD on the application filed on behalf of the appellants under section 391 of the Code of Criminal Procedure (For short the 'code') for adducing additional evidence in the way of calling the seized opium in Court and its fresh weighment.

(2.) LEARNED counsel for the appellants has submitted that the appellants had filed an application for weighment of the seized opium in Court on 24. 06. 08 an the same was dismissed by the trial Court on the same day without assigning any cogent reason merely on the ground of delay in filing the application before the trial Court. Learned counsel has submitted that the delay cannot be a ground even for invoking the provision under section 391 of the Cr. P. C. For adducing additional evidence at the appellate stage. He has placed reliance on the judgments rendered by the learned Single Judge of the High Court of M. P. Bench at Gwalior in the case of Hindustan Food Products V/s State of M. P. 2008 Cri. L. R MP 599 and in the case of State of Gujrat V/s Mohanlal and others AIR 1987 SC 1321. Learned counsel for the respondent filed reply- and opposed the application. He submitted that allowing the application of the appellants would be nothing but an abuse of process of Court of law. The appellants/accused had several opportunities during the course of trial when the case was fixed for adducing defence evidence from 23. 09. 06 till the date of arguments which were heard on 13. 06. 08.

(3.) HAVING heard learned counsel for the parties and after perusing the entire record, this Court is of the considered view that no case is made out for allowing the application of the appellants made under section 391 of the Code for issuing the direction for weighment of the seized narcotic drugs (opium) at this stage.