INDER SINGH CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Being aggrieved and dissatisfied with order dated 23.6.2017, passed by learned Special Judge, Chamba, District Chamba, Himachal Pradesh in Sessions Trial No. 14/16, whereby learned Special Judge dismissed the application having been filed by the petitioner-accused (hereinafter, 'accused') under Section 311 CrPC, accused has approached this Court in the instant proceedings, praying therein to set aside the aforesaid order (Annexure P-1) and allow the application having been filed by him under Section 311 CrPC.

(2.) Precisely, the facts as emerge from the record are that accused, who has been charge sheeted for having committed offence punishable under Sections 20 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter, 'Act') moved an application under Section 311 CrPC, for leading additional evidence in the court of learned Special Judge, Chamba, District Chamba, in Sessions Trial No. 14/16. Accused also averred in the application that while leading defence evidence, he inadvertently failed to examine one Ms. Pooja Thakur, Managing Director, Hill Academy, Chamba, whose examination is very material and essential for the just decision of the case. As per accused, he was present in Hill Academy Chamba, on the date of alleged incident till 4 pm being a student of Civil Engineering. He further averred that since distance of the place of occurrence is 40 kms from the aforesaid Academy, he can not be expected to cover distance of 40 kms within one hour.

(3.) Respondent-State opposed the application by way of filing reply inter alia on the ground that application has been filed with a view to delay the proceedings and to fill up lacuna as such, same deserves to be dismissed. Learned Court below, taking note of the pleadings adduced on record by respective parities, dismissed the application by concluding that applicant-accused can not be allowed to fill up lacuna in defence at this belated stage, especially when defence evidence stands closed. In the aforesaid background, accused has approached this Court in the instant proceedings praying therein to allow application under Section 311 after setting aside the impugned order.