R.K. JOSHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE legal issue raised in this petition is - Whether the accused in a warrant case instituted otherwise than on police report has an absolute right to cross-examine the prosecution witnesses examined under Section 244, Cr.P.C. ?

(2.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') for quashing of the complaint lodged for commission of offences under the Drugs and Cosmetics Act, 1940, and the Rules made thereunder. A prayer is also for quashing the consequent and subsequent proceedings viz. Summoning order dated 16.2.1999 (Annexure P-2), order dated 25.8.2004 (Annexure P-3) by virtue of which it has been directed that the charges be framed against the petitioner and the charge-sheet dated 25.8.2004 (Annexure P-4). It is not in dispute that it is a warrant case instituted otherwise than on a police report. Reference is being made only to the documents that are necessary for adjudicating upon the issue raised in this petition.

(3.) IN pre-charge evidence, the prosecution examined Girdhari Lal Singla complainant, as PW-1, on 18.1.2000. The examination-in-chief was recorded, however, the cross-examination was deferred as the Court time was over. The statement has been placed on record as Annexure P-8. It seems that, thereafter, the other witness examined in pre-charge evidence is PW-2 Ramesh, Cashier, Civil Surgeon Office, Rohtak, whose statement has been placed on record as Annexure P-9. A perusal of the statement shows that the witness was duly cross-examined. On 8.10.2003, vide Annexure P-10, statement of Shri M.P. Gupta, Senior Drugs Inspector, Rohtak, was recorded to the effect that pre- charge evidence is closed. On 25.8.2004, on the basis of pre-charge evidence, as noticed hereinabove, the trial Court has recorded that on finding prima facie case against the accused under Sections 27(b)(ii), 27(d), 28-A of the Drugs and Cosmetics Act, the accused has been charged. The charge-sheet has been placed on record as Annexure P-4, which is also of the same date.