CHAND MUNI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Public Prosecutor is directed to accept notice on behalf of the State.

(2.) The petitioner has challenged the order dated 23.03.2013, passed by the Special Judge, NDPS Cases, Jaipur, whereby the learned Judge has dismissed the application filed by the petitioner under Section 311 Cr.P.C. for calling Mr. Daulat as a witness on behalf of the defence.

(3.) In brief the facts of the case are that the petitioner is facing trial in Criminal Case No.14/2009 for the offence under Section 8/20 of the NDPS Act. After completion of the prosecution evidence, the matter was fixed for defence evidence. Two witnesses were examined in defence; the case was fixed for final arguments. The petitioner came to know that during the course of examination of Rajesh Kumar (PW5), he claimed that Daulat, the chowkidar (the guard), was present when the contraband drug was allegedly recovered. Since, Daulat was intentionally withheld by the prosecution as a witness, and since the petitioner claimed that she was not present in the Dharamshala, and nothing was recovered from her possession, she filed an application before the Court for calling Daulat as a defence witness. But by order dated 23.03.2013, the learned Judge dismissed the petitioner's application. Hence, this petition before this Court.