SANJEEV @ SANJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the instant misc. petition is being heard and decided today itself.

(2.) The petition under Section 482 Cr.P.C. preferred on behalf of the accused Sanjeev @ Sanju has been preferred against the order dated 14.11.2017 passed by the learned Special Judge, NDPS Act Cases, Bhilwara in Case No.37/2016 whereby, the application submitted by the accused Sanjeev and Kishanlal under Section 45 Cr.P.C. for sending the control sample articles No.8 to 14 to the FSL for comparison of the signatures of the accused marked thereupon on the ground that the same are forged, was dismissed as being delayed and untenable.

(3.) Learned counsel Shri Jain urges that the prayer to send the disputed signatures for comparison to the FSL could only have been made after cross-examination of the seizure officer. He submits that though, the prayer made in the application was only to send the control samples Articles 8 to 14 for comparison of signatures appearing thereupon but the specific suggestion which was given to the seizure officer Bhag Singh in his cross- examination conducted on 03.11.2017 was regarding dis- similarities in signatures of the accused on all the samples i.e. Articles Nos. 1 to 14. He urges that the trial court was totally unjustified in rejecting the prayer made by the accused on the hyper-technical ground of delay because as per him, accused had no stage available to them to raise such objection before recording of their statement under Section 313 Cr.P.C. Further, as per him, the controversy goes to the root of the matter and comparison of the disputed signatures is absolutely vital for providing an appropriate opportunity of defence to the accused. He thus craves acceptance of the instant misc. petition and implores the court to set aside the impugned order.