JAGDISH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is being prosecuted under Section 9 of the Opium Act in the Court of Judicial Magistrate I Class, Dhuri, district Sangrur. He examined twenty-two witnesses in defence and then gave a statement on May 20, 1986 that he wanted to examined five more witnesses, namely, Dr. D.R. Garg, Inspector Randhir Singh, Chemical Examiner of Patiala and Chandigarh and Reader CID (Special Branch), Patiala. The trial Magistrate disallowed the petitioner to examine Inspector Randhir Singh and the Chemical Examiner, Chandigarh. The other three witnesses were allowed to be examined. The legality of this order passed by the Judicial Magistrate I Class on May 20, 1986 (Annexure P.1) has been challenged by the petitioner under Section 482, Code of Criminal Procedure, and it is prayed that the trial Magistrate be directed to allow the petitioner to examine Inspector Randhir Singh and Chemical Examiner, Chandigarh, also.

(2.) THE petitioner wanted to produce Inspector Randhir Singh to prove that he was inimically disposed towards him. However, concededly he did not participate in the investigation of the case and, therefore, his relationship with the petitioner was totally irrelevant for the decision of the case.