RAJWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed under Sec. 401 of the Code of Criminal Procedure (hereinafter referred to as " Cr.P.C ) for modification of the impugned order dtd. 10/2/2020 in so far as the application filed by the petitioner-accused under Sec. 311 Cr.P.C, was partly declined.

(2.) Facts in brief leading to filing of the present petition are that FIR No.12 dtd. 11/1/2018 was registered against the petitioner and another co-accused Amandeep Singh under Ss. 22 and 25 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred as " NDPS Act ") at Police Station Raman, District Bathinda on the allegation that both the accused were travelling on a motorcycle and when confronted by ASI Baltej Singh, they threw away a polythene bag which they were carrying and tried to escape from the spot but they fell down and were apprehended on the spot. The polythene bag, when checked was found to be containing 20 vials of ONEREX of 100 ml each. After the FSL report, the challan was presented in the Court and charges were framed against both the accused and they were tried for the offences under NDPS Act .

(3.) During the course of prosecution evidence, two witnesses namely ASI Baltej Singh and HC Makhan Singh were produced as PW2 and PW4. PW2-ASI Baltej Singh was the Investigating Officer and he was examined by the prosecution on 13/9/2018 (Annexure P-1) and was cross- examined by counsel for the accused. Examination-in-chief of PW-4 Head Constable Makhan Singh, was conducted on 8/5/2019 (Annexure P-2). However, the prosecution evidence was subsequently closed, as a result of which, PW-4 could not be cross-examined. The statement of the defence under Sec. 313 Cr.P.C was recorded on 19/9/2019 and defence evidence started on 21/9/2019. Two separate applications were moved under Sec. 311 Cr.P.C, the first application was moved by the prosecution on 4/2/2020 (Annexure P-3) for recalling PW-4 HC Makhan Singh for his cross-examination. The second application, (Annexure P-4) under Sec. 311 Cr.P.C was submitted by the accused to the effect that due to ill-health, counsel for the accused could not properly cross-examine PW2 ASI Baltej Singh, as a result of which some important questions such as whether the IO is ORP and questions regarding mandatory provisions of NDPS Act , could not be put to the said witness. The other prayer by the accused was that PW4 Makhan Singh-HC be recalled for his cross- examination.