Back
RAKESH MOHAN PANDEY
Royden Harold Buthello S/o Harold Anthony Buthello – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The petitioner has challenged the order dated 13.06.2023 passed by the learned Special Judge (NDPS Act), Raipur in Special Case No. 87/2020 whereby an application moved by the petitioner under Section 311 of Cr.P.C. has been rejected.
2. The facts of the present case are that the petitioner is an accused in a case, which is being tried by the Special Court (NDPS Act), Raipur for the commission of offences punishable under Sections 22(b), 29 & 27 of Narcotics Drugs and Psychotropic Substances, Act, 1985 (for short ‘the NDPS Act’). The petitioner is a businessman carrying on the business of Logistics, Transportation, and Renting out Vehicles etc. for the last 35 years. The petitioner was running his business in the State of Odisha as well as in the State of Chhattisgarh and there are contracts dated 22.09.2018, 30.10.2019 and 05.10.2020 entered between M/s Jai Ambe Roadlines Raipur, Chhattisgarh; M/s Daylight Mining, Construction Pvt. Ltd. Pradhanpada, Odisha and Sohel Roadways, Angul, Odisha. On account of the nature of business, the petitioner was required to travel frequently from Raigarh to Talcher, Odisha. In September 2020; he shifted to Talcher, District Angul. On 20.
Trial court has ample power to summon any person as witness for just decision of case.
The essentiality of summoning a witness for a just decision of the case under Section 311 Cr.P.C. and the need to prevent delay in the trial.
Section 311 Cr.P.C. allows courts to summon additional witnesses at any stage for just decision-making, underscoring the importance of ensuring no evidence essential to the truth is left out.
The court emphasized that Section 311 Cr.P.C. must be applied judiciously and not to fill gaps in evidence at the conclusion of trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
