TRILOK SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner by this petition under Section 482 Cr.P.C. challenged the order of the learned Sessions Judge, Rajsamand, whereby he has refused to summon the defence witnesses as per the list of witnesses submitted by the accused petitioner in Sessions Case No. 12/2000.

(3.) BRIEFLY stated the facts of the case which are necessary for the disposal of this misc. petition are that the accused petitioner is facing trial for the offence under sections 8/15 of the N.D.P.S. Act. After having availed 14 opportunities the prosecution closed evidence and the statement of accused petitioner was recorded on 14.3.2001 and case was posted for defence evidence of witnesses on 29th March 2001. On the date fixed for defence witnesses i.e. 29th March 2001, an application on behalf of the petitioner was moved for summoning 4 witnesses as defence witnesses. Learned Trial Court refused to summon those named defence witnesses and accorded an opportunity to the accused petitioner to produce defence witnesses at his own. Sub-section (2) of Section 243 of Cr.P.C. provides -