JUDGMENT (CAV)

This revision is directed against the order dated 18.03.2021 passed by Special Court (NDPS), Palanpur, Dist. Banaskantha, in Special (NDPS) Case No.3/2018 rejecting the applications at Exhs:58 and 63 filed by the applicant under Section 91 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Code” for short) for summoning and production of documents which were not part of the chargesheet case papers.

2. The applicant is facing trial for the charges of Sections 120(b), 117, 167, 204, 343, 465, 471 read with Section 120(b) of Indian Penal Code and Sections 17, 18, 21, 27(a), 29, 58(1) and 58(2) of the NDPS Act.

3. On 02.11.2018, chargesheet for the aforesaid offences being filed by the Investigating Officer and accordingly, case was registered as Special (NDPS) Case No.3/2018. The applicant preferred two applications at Exhs:58 and 63 for summoning and production of certain documents to defend his case, as according to him, the documents are relevant and necessary for the fair trial.

4. The trial Court vide its orders dated 18.03.2021, dismissed both the applications observing that, the applicant has not established that the documents sought are