Sheria @ Sher Khan @ Syed Jumalludeen vs State of Rajasthan

Sunil Kumar Garg, J.—Heard the learned counsel appearing for the accused petitioner and the learned Public Prosecutor.

This revision petition has been filed by the accused petitioner against the order dated 23.8.2001 passed by the learned Special Judge, NDPS Cases, Bhilwara by which he closed the evidence of the accused petitioner on the ground that if more time is given, it would amount to delaying the proceedings.

Looking to the entire facts and circumstances of the case and the facts that in this case, the statement of the accused petitioner u/s 313 Cr.P.C. was recorded on 5.7.2001 and the statement of one witness produced in defence was recorded on 18.8.2001, it cannot reasonably be inferred or concluded that the accused petitioner is delaying the trial.

In these circumstances, the impugned order of the Learned Special Judge by which evidence of the accused petitioner was closed, is liable to be set aside and it would be in the interest of justice to direct the learned Special Judge to give one more opportunity to the accused petitioner to produce one witness in defence. It is made clear that the learned counsel for the accused petitioner has submitted that he will produce only one witness in defence so that he could prove his documents.

Accordingly, the revision petition filed by the accused petitioner Sheria @ Sherkhan is allowed and the impugned order dated 23.8.2001 passed by the learned Special Judge, NDPS Cases, Bhilwara is set aside and the learned special Judge, NDPS Cases, Bhilwara is directed to give one more opportunity to the accused petitioner to produce one witness in defence.