MUKHTAR AHMED Vs. STATE OF J&K

JUDGEMENT

(1.) All the four petitioners (to be referred as 'accused') are facing trial in case F.I.R. No. 250/2006 registered at Police Station Banihal under Sections 8/20 of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short to be referred to as 'NDPS Act') for allegedly found to be in possession of 10 kg., (ten kilograms) of Charas. They are stated to be in custody since November, 2006.

(2.) Since the prosecution after availing many opportunities could not conclude its evidence, the learned trial Court vide order dated 04.11.2008 (Annexure-A) closed the evidence of prosecution and put the trial to next step i.e. recording the statement of the accused under Section 342 Cr.P.C, which was also done and after that accused were given an opportunity to lead evidence. When the case was amidst hearing arguments and the matter was being argued by the Public Prosecutor, an application under Section 540 Cr.P.C. was filed by the State for calling Investigating Officer and SDPO Banihal, which was opposed by the accused vehemently, but ultimately allowed by the learned Sessions Judge, Ramban vide impugned order dated 23.02.2010. A fixed particular date for recording the statement of the aforesaid two witnesses was fixed. Aggrieved of the said order, the accused have knocked the door of this Court through the instant criminal revision petition in which while issuing notice, further proceedings before the trial Court are stayed. Pursuant to the notice, Mr. B.R. Chandan, Dy. AG has put in appearance. Trial Court record is also attached with the instant petition.

(3.) Heard Mr. P.N. Goja, Advocate, learned counsel for all the accused and Mr. B.R. Chandan, learned State counsel. Record also perused and the judgment reserved.