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 20.10.2020 at about 01:00 pm, five police officials from Raipur, C.G. visited Hotel Green Park, where the petitioner was staying and he was accompanied along with those police officials to Raipur. On 21.10.2020 the petitioner was brought to Kotwali Police Station, Raipur, thereafter he was taken to Mahaudapara Police Station and his belongings were taken and he was put in the lockup. He was interrogated by the police officials. On the same day at about 03:00 pm, he was dropped back at Kotwali Police Station and was interrogated by the IPS Officer Smt. Ankita Sharma, the then CSP of Police Station Azad Chowk, Raipur and Police Inspector Ramakant Sahu. On 22.10.2020 it was informed that the petitioner was found in possession of 40 grams of brown-sugar and consequently, F.I.R. was registered against him.

3. The police after investigation filed the charge sheet against the petitioner. All prosecution witnesses have been examined and the statement of the petitioner under Section 313 of Cr.P.C. has also been recorded.

4. The petitioner moved an application under Section 311 of Cr.P.C. for summoning and examining Smt. Ankita Sharma, the then CSP of Azad Chowk Police Station as a court witness on the ground that the petitioner was interrogated by CSP Smt. Ankita Sharma and the interview were also given to the news reporters of IBC 24 News Channel. This fact has been confirmed by PW-13 Priyesh John, Sub-Inspector and it is further stated that CSP Smt. Ankita Sharma has played an active role in the investigation of F.I.R. No. 232/2020 and the prosecution deliberately and willfully avoided mentioning her name as one of the prosecution witnesses. It is further stated that the Investigating Officer PW-13 Priyesh John in his evidence in Paras 102, 103, 161, 181, 182, 183, 184, 217, 219 and 272 has categorically admitted the fact that the CSP Smt. Ankita Sharma was involved in the investigation of the case. It is further stated that, likewise, court witness-2 Inspector, Ashwini Rathod in Paras 28, 29, 30, 38, 49, 58, 61, 63, 64 and 67 has described the active role played by CSP Smt. Ankita Sharma. It is also stated that the examination of the proposed witness would bring the truth and it would be just and necessary for a fair trial as well as for the just decision of the case.

5. The learned trial Court after dealing with the entire facts stated in the application and further taking into consideration the provisions of Section 311 of Cr.P.C. held that the proposed witness namely CSP Smt. Ankita Sharma has not played any role in the investigation of the crime and no single document is annexed in the entire charge sheet to establish her involvement in the investigation and thus rejected the application.

6. Learned counsel for the petitioner would submit that the petitioner