DARBARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the accused-petitioner, seeking the quashment of the order dated 17.4.1998, copy Annexure P-2, passed by the Additional Sessions Judge (Special Judge), Sangrur, in a case under the NDPS Act.

(2.) THE facts which are relevant for the decision of the present case are that Darbara Singh petitioner is an accused in a case bearing FIR No. 26 dated 8.2.1993, under Section 15 of the NDPS Act, registered in Police Station, Dhuri. After investigation of the FIR, the challan was submitted in the Court. After prosecution evidence was examined, the learned Additional Public Prosecutor, vide statement dated 20.9.1997, copy Annexure P-1, closed the prosecution evidence after giving up HC Budh Singh being unnecessary and after tendering into evidence affidavit Ex.PH of Constable Gurpreet Singh. Thereafter, the statement of the accused under Section 313 Cr.P.C. was recorded and the case was fixed for defence evidence. At that stage, the prosecution filed an application under Section 311 Cr.P.C. for permission to recall Constable Gurpreet Singh, for the purpose of cross-examination, alleging therein at the time when the affidavit of constable Gurpreet Singh was tendered into evidence, he was not offered for cross examination. It was alleged that Constable Gurpreet Singh was required to be summoned for the purposes of his cross examination by the accused. The said application of the prosecution was contested by the accused by filing reply, alleging therein that there was no necessity of calling constable Gurpreet Singh for his cross examination. It was further alleged that last opportunity had been given to the prosecution for 20.9.1997 and as such no case for summoning Constable Gurpreet Singh by way of additional evidence was made out. The learned Additional Sessions Judge (Special Judge) after hearing both sides and after perusing the record, vide order dated 17.4.1998, allowed the aforesaid application under Section 311 Cr.P.C. of the prosecution and allowed the prosecution to summon Constable Gurpreet Singh for the purposes of his cross examination (by the accused) with a rider that only one adjournment will be granted to the prosecution to produce Constable Gurpreet Singh for his cross examination. Aggrieved against the order of the learned Special Judge, accused Darbara Singh has filed the present petition under Section 482 Cr.P.C. in this Court, alleging therein that no case was made out for allowing the prosecution to examine Constable Gurpreet Singh, for the purposes of his cross examination.

(3.) IN the written reply filed on behalf of the State, it was alleged that the evidence of Constable Gurpreet Singh was formal in nature and as such his affidavit was tendered in evidence. It was further alleged that no prejudice had been caused to the accused by recalling Constable Gurpreet Singh for the purposes of his cross examination by the accused and that non-cross examination of the witness may cause prejudice to the accused. The trial Court record was also received in pursuance of the directions given by this Court.