KALA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Kala Ram, who is facing trial in case No.63 N.D.P.S. Act, FIR No.105 dated 26.2.2001 under Sections 15/61/85 of the N.D.P.S. Act at Police Station, Ratia, has filed the instant petition under Section 482 Cr.P.C. challenging the order dated 27.9.2004 passed by the Additional Sessions Judge, Fatehabad, whereby while allowing the application filed by the prosecution under Section 311 Cr.P.C. at the stage of pronouncement of the judgment, has permitted it to re-examine MHC Om Parkash of Police Station, Ratia along with the record in order to prove the deposit of the case property at Police Station, Ratia.

(2.) In this case, the prosecution filed the aforesaid application under Section 311 Cr.P.C. when the arguments were heard and the case was posted for final judgment. At that stage, the prosecution wants to summon MHC Om Parkash, Police Station, Ratia along with register No.19 regarding entry of the deposit of the case property in case FIR No.192 dated 26.2.2001 registered under the NDPS Act. It is submitted that the Investigating Officer-PW5 and another recovery witness PW4 had testified that a sample of 200 grams was taken from the poppy husk, which was recovered from the accused. However, PW6-MHC Om Parkash in his affidavit has given the weight of the parcel as 100 grams. It has been stated by the prosecution that in the affidavit filed by the MHC, it was by clerical mistake stated that the sample was of 100 grams and the said clerical mistake was somehow overlooked when the said affidavit was filed in the Court. In view of the said clerical mistake, the prosecution wants to recall the MHC along with the police record for showing that one of the sample, which was deposited with him, was 200 grams and the same was sent for chemical examination.

(3.) The aforesaid application has been allowed by the trial Court while observing that the evidence sought to be produced by the prosecution is required for just decision of the case. The said order has been challenged by the accused in this petition.