MANOJ KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C , 1973has been preferred to invoke the extraordinary jurisdiction of this Court and to set aside the order dated 19.12.2017, passed by the Special Judge, NDPS Act, Dindori in Special Case No. 3/2016, wherein the application under section 311 of Cr.P.C, 1973 filed by the petitioner/accused has been dismissed.

(2.) Bereft of the unnecessary details, the facts requisite for disposal of this petition are that the petitioner is facing trial under Sections 8 B and 20 of the NDPS Act. In the criminal proceeding, the statement of Shri S.L. Markam (PW 6) has been recorded on 12.06.2017. During the course of cross-examination on behalf of the petitioner an application under section 91 of the Cr.P.C , 1973has been filed. Therefore, the cross-examination of S.L. Markam (PW 6) was deferred. Subsequently, his further cross-examination was recorded on 21.08.2017 and he was cross-examined by the counsel for accused persons at length. The petitioner/accused filed an application under section 311 of the Cr.P.C , 1973on 25.09.2017, stating that S.L. Markam (PW 6) be recalled for further cross-examination as certain questions including the identification, weighing panchnama, samras panchnama, seizure panchnama, sampling panchnama, sealed panchnama, reaching the spot panchnama, talashi panchnama, mukhbir panchnama and search warrant etc could not be asked.

(3.) The learned trial Court vide the impugned order held that cross-examination has been recorded at length.