HOFFMANN ANDREAS Vs. LAND CUSTOMS AMRITSAR

JUDGEMENT

(1.) DURING the pendency of the trial, the advocate of the accused-petitioner passed away. This necessitated the petitioner in engaging another counsel. The new counsel made an application for recalling the witnesses for further cross-examination. The trial was, however, concluded and the petitioner was convicted. The conviction was upheld by this Court. The matter was taken to the Supreme Court. Vide order dated 16th September 1999, the Supreme Court gave the following directions :

(2.) IN spite of these directions, the trial has not concluded till today. A period of one year has elapsed. Repeatedly, the petitioner had made applications for further cross-examination of the witnesses on day to day basis. The matter was not taken up or was left incomplete due to paucity of time. The present petition has been filed with a prayer firstly to transfer the case from the court of the Additional Judge, whose name is mentioned in the prayer clause; secondly, for a direction to the transferee Court to dispose of the pending applications; and thirdly, to give a time-bound schedule for the disposal of the petitioner's case. It is submitted by Mr. Dawar that he needs only 5 to 6 hours to complete the cross-examination. He, therefore, seeks a particular day on which the cross-examination can be completed. Mr. Sharma states that the matter has already been transferred to another learned Judge.

(3.) IN view of the above, the trial Court shall permit Mr. Dawar to cross- examine the witnesses in the manner he deems fit in accordance with law.