HOFFMANN ANDREAS Vs. INSP. LAND CUSTOMS

JUDGEMENT

(1.) THIS is an application under Section 407 Cr.P.C. seeking transfer of the case pending against the petitioner in the Court of Additional Sessions Judge (Special Judge) Shri A.S. Katari to any other court of competent jurisdiction in the State of Punjab/Chandigarh.

(2.) THE petitioner was put on trial for having committed the offences under the NDPS Act, 1985. During the trial, the advocate of the petitioner had expired. The new counsel had made an application under Section 311 of the Code of Criminal Procedure for recalling three witnesses for the purpose of further cross-examination. The application was dismissed by the trial Court and the petitioner was convicted. The appeal filed by the petitioner against the conviction and sentence was dismissed by this court. The conviction and sentence were confirmed. Consequently, the petitioner filed Criminal Appeal No. 815 of 1998 in the Supreme Court, which was allowed by order dated 16.9.1999. The conviction and sentence were set aside and the matter was remanded to the trial Court for re-trial. The Supreme Court while allowing the appeal noticed the ground urged by the new counsel for recalling the witnesses as follows :-

(3.) THEREAFTER , the Supreme Court gave the following directions :-