Bilal vs State Of Uttarakhand

Pankaj Purohit, J

By means of present C482 application, applicant has put to challenge the order dated 12.10.2021, passed by learned Special Judge NDPS, Vikasnagar, District Dehradun, whereby the application no.22क moved by the applicant has been rejected.

The facts of the case shorn-off unnecessary details are that the applicant is facing trial before the Special Judge, NDPS, Vikasnagar, District Dehradun in Special Sessions Trial No.419 of 2021, State vs. Bilal, under Section 8/20/60 of the NDPS Act. PW1-Kavinder Singh Rana was examined on 23.02.2021 before the learned trial court and his examination-in-chief was recorded. PW1-Kavinder Singh Rana was not cross-examined by the Advocate, namely, Manoj Sharma earlier engaged by the applicant as the applicant was in jail. The applicant, subsequently, engaged Mr. Ajay Kumar Badoni for conducting his trial, who moved application paper no. 22क on 06.09.2021 under Section 311 Cr.P.C. requesting the learned trial court to reject the order of closing the opportunity of cross examining PW1-Kavinder Singh Rana and provide him one opportunity to cross examine PW1-Kavinder Singh Rana.

In para 2 of the said application it has been stated that on the date of examination-in-chief of PW1-Kavinder Singh Rana on 23.02.2021, applicant was lodged in District Jail and the Advocate-Manoj Sharma, who was engaged by the applicant to conduct his case refused to conduct the case. It is also stated in para 2 that since the applicant could not engage the new counsel to conduct his case, therefore, witness PW1-Kavinder Singh Rana could not have been cross-examined, therefore, it was requested that the learned trial court to give him opportunity to cross-examine PW1-Kavinder Singh Rana after quashing the order of closing the opportunity of cross-examination.

The said application was rejected by learned trial court vide impugned order dated 12.10.2021. It has been stated by learned trial court while rejecting the application no.22क that the sufficient opportunity has been given to the accused-applicant to cross-examining the PW1-Kavinder Singh Rana, but the Advocate of the applicant despite opportunity and his presence during trial, did not cross-examine the PW1-Kavinder Singh Rana.

Having gone through the impugned order dated 12.10.2021, it is reflected that learned trial court has not properly dealt with the application and the reasons enumerated in para 2 of the said application that the earlier Advocate was not conducted the trial of the applicant and that resulted into no cross-examination of the PW1-Kavinder Singh Rana.

The reasons which have been assigned by learned trial court appears to be faulty to this Court. Accordingly, in the interest of justice, present C482 application is allowed. The order dated 12.10.2021 passed by learned Special Judge NDPS, Vikasnagar, District Dehradun is hereby set-aside. The application paper no.22क under Section 311 Cr.P.C. is allowed. The learned trial court is directed to give opportunity to the applicant to cross-examine PW1-Kavinder Singh Rana by recalling him forthwith not later than fifteen days from today.

Pending applications, if any, stand disposed of accordingly.