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1999 Supreme(SC) 692

K.T.THOMAS, M.B.SHAH
Rajendra Prasad – Appellant
Versus
Narcotic Cell Through Its Officer In Charge, Delhi – Respondent


Judgement Key Points

The role of a prosecutor in the post-trial stage is a crucial aspect of ensuring justice and fairness within the criminal justice system. After the conclusion of the main trial proceedings, the prosecutor’s responsibilities extend beyond merely presenting evidence and arguments; they include addressing procedural issues, filling evidentiary lacunae, and assisting the court in arriving at a just decision.

One of the key responsibilities of the prosecutor during this stage is to facilitate the correction of inadvertent errors or omissions that may have occurred during the trial. This includes ensuring that all relevant evidence is properly adduced and that witnesses are cross-examined thoroughly. If any lapses are identified, the prosecutor must act promptly to remedy these gaps, which may involve seeking the court’s permission to recall witnesses or introduce additional evidence, provided such actions are justified in the interest of justice (!) (!) .

The court, in exercising its powers post-trial, particularly under procedural provisions that allow for the re-summoning or re-examination of witnesses, plays an active role in ensuring a comprehensive examination of the facts. The prosecutor's role here is to support the court’s exercise of these powers, which are intended to prevent miscarriages of justice caused by procedural oversights or incomplete evidence. The prosecutor must cooperate with the court’s discretion, recognizing that the primary aim is to uncover the truth and deliver a fair verdict, rather than merely adhering to procedural formalities (!) (!) .

Furthermore, the prosecutor has a duty to ensure that the process remains transparent and just, especially when procedural steps such as re-examining witnesses are involved. They should advocate for the court’s authority to fill evidentiary gaps, emphasizing that such powers are meant to serve the cause of justice and are not to be misused for strategic advantages. The prosecutor’s role is to uphold the integrity of the process, ensuring that no procedural technicality unjustly hampers the pursuit of truth (!) (!) .

In conclusion, the post-trial role of a prosecutor involves a proactive approach to rectify procedural lapses, support the court’s discretionary powers, and uphold the principles of fairness and justice. This ensures that the final verdict is based on a complete and accurate assessment of all relevant facts, reinforcing the integrity of the criminal justice system.


Judgment

Thomas, J.-Leave granted.

2. Can a trial Court permit lacuna in prosecution evidence filled up? The conventional concept is that the court should not do so. But then, what is meant by lacuna in a prosecution case, has to be understood before deciding the said question one way or the other.

3. The present case provides an occasion to decide the said question. Appellant is now facing trial along with certain other persons before a court of sessions for offences under Sections 21, 25 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985. Appellant is now on bail pursuant to an order granted by the High Court of Delhi. As the trial proceeded almost to the end when the prosecution and the defence closed their evidence on 19.9.1997, the case was posted for further steps. Nevertheless, subsequently, the case stood posted to some other days also. On 7.3.1998, at the instance of the prosecution two of the witnesses, who were already examined, were re-summoned for the purpose of proving certain documents for prosecution. They were further examined and the evidence was once again closed and the case was posted for hearing arguments. It appears that arguments were heard in























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