RAJIV SOOD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Feeling aggrieved against the impugned order dated 4.5.2015 (Annexure P-4) passed by the learned Special Judge, Fatehgarh Sahib, whereby application of the petitioner under Section 311 of the Code of Criminal Procedure ('Cr.P.C.') was dismissed, petitioner has approached this Court by way of instant petition under Section 482 Cr.P.C., for quashing of the impugned order.

(2.) Notice of motion was issued. However, no reply has been filed on behalf of the respondent-State of Punjab.

(3.) Learned counsel for the petitioner submits that the learned trial Court fell in serious error of law, while passing the impugned order, which is palpably illegal. He further submits that the case pertains to offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 which contains stringent provisions. Petitioner being the accused, sufficient opportunities should have been granted to him to defend himself. Petitioner, by moving application under Section 311 Cr.P.C., was seeking recalling of PW-5 Inspector Daljit Singh for his further cross-examination as some of the important questions could not be put to him, because of sheer inadvertent mistake on the part of the counsel. He further submits that no prejudice was going to be caused to the prosecution in recalling PW-5. He prays for setting aside the impugned order, by allowing the present petition.