JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition as well as Criminal Misc. No. 10597-M of 1989 (Gurbachan Singh alias Kala v. State of Punjab), Criminal Misc. No. 103-M of 1990 (Gurnam Singh v. State of Punjab), Criminal Misc. No. 101-M of 1990 (Ajmer Singh v. State of Punjab) and Criminal Misc. No. 606-M of 1990 (Balbir Singh v. State of Punjab) are directed against the order of Additional Sessions Judge, Barnala passed in various criminal appeals pending before him, against the order of conviction and sentence recorded by the trial Court for recovery of contraband opium. In those appeals he had allowed the applications moved on behalf of the prosecution under S.311 of the Criminal P.C. 1973 hereinafter referred to as the new Code) and had permitted resummoning of the police officials whose affidavits had been tendered in the trial Court to prove the link evidence in respect of sending the sample of opium recovered in each case to the office of the Chemical Examiner. The Additional Sessions Judge, Barnala had also ordered that it shall be open to the prosecution to put in evidence the fresh and properly attested/verified sworn affidavits of these witnesses by way of additional evidence.

(2.) Since common questions of law are involved in all these petitions, these shall be disposed of by one judgement.

(3.) Learned counsel for the parties were heard.