BHOOP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of three connected Criminal Miscellaneous petitions No. 13804-M, 13805-M and 13806-M of 1990, since a common question of law is involved.

(2.) BHOOP Singh has been convicted for an offence under section 9 of the Opium Act and sentenced to rigorous imprisonment for one year and a fine of Rs. 5000/-, vide judgement dated 3.5.1989 passed by the learned Judicial Magistrate 1 Class, Fatehabad. Pending appeal, the Public Prosecutor moved an application for permission to lead additional evidence so as to examine Constable Sammy Singh whose affidavit Ex. PY was filed before the trial Magistrate which was not properly sworn and was defective . The learned Addl. Sessions Judge allowed the application, holding that summoning of Constable Samey Singh was necessary for the just decision of the case ordered the summoning of the said witness.

(3.) IN Cr. M. 13806 M/1990 Mohinder Singh tried under Section 9 of the Opium Act in respect of FIR 513 dated 24.9.83, convicted and sentenced to RI for two years and a fine of Rs. 1,000/- vide judgement dated 23.5.89 by the learned judicial Magistrate I Class, Fatehabad. Pending the appeal the Public prosecutor moved an application for summoning Constables Samey Singh and Jai Narain, as the affidavits swornby them were defective; in as much as the same were not properly sworn. This application was allowed by the learned Addl. Sessions Judge, considering that the summoning of the said two witnesses was necessary for the just decision of the case and he ordered their summoning.