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GITA GOPI
Ashok Shambhubhai Chovatiya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule. Learned advocate Mr. Kartik V. Pandya and learned APP waives service of notice of Rule on behalf of respective parties. Rule is fixed forthwith.
2. The present application has been filed under section 397 and 401 read with section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), challenging the order dated 15.07.2019 below Exh.42 in NDPS Special Case No.4/2015 passed by Special Judge, NDPS Court, Surat.
3. Mr. Narendra L.Jain, learned advocate for the applicant submitted that five persons came to be arrested in the year 2015 by the complainant and its officers, who were detained for the alleged offence under the Narcotic Drugs and Psychotropic substances Act, 1985 (hereinafter referred to as “NDPS Act”). After the investigation, the original complainant i.e. respondent no.2 herein, had preferred to file a complaint under sections 36A(1)(iv) of the Narcotic Drug and Psychotropic Substances Act,1985 (as amended).
3.1 Advocate Mr. Jain stated that initially all the relevant documents including certain material documents were not made available to the applicant and the co-accused, therefore, the applicant, vide Exh.42, on 15.07.2019, mad
The prosecution is required to open the case and disclose charges and evidence against the accused as mandated by section 226 of the Cr.P.C. to ensure a fair trial.
Court has not entered into merits of the charge so framed at this stage. It is for the learned Sessions Judge to frame charge on the basis of charge sheet papers after following provisions of section....
Important Point:a) A criminal trial cannot be allowed to assume the character of fishing and roving enquiryb) it was the duty of the prosecution to ensure fair trial for both the prosecution and the ....
Point of law:Discharge petition - jurisdiction under Section 91 of the Code when invoked by accused, the necessity and desirability would have to be seen by the Court in the context of the purpose in....
The court has exclusive authority under Section 216(4) to order a re-trial or alteration of charges, ensuring fairness to both parties and allowing all evidence to remain on record for consideration.
The accused's right to a fair trial, the obligation of the prosecution to make fair disclosure, and the accused's entitlement to relevant documents collected during the investigation were central leg....
Only the prosecution can submit additional documents in a sessions trial; witnesses cannot independently introduce evidence, ensuring trial integrity.
The court held that the authority to summon material witnesses exists at any trial stage under Section 311 CrPC, emphasizing that introducing additional evidence is permissible when necessary for jus....
The court held that failure to give the accused an opportunity to file for discharge before framing charges violates the right to a fair trial under Article 21.
The central legal point established in the judgment is the importance of compliance with Rule 19(4) of the Rules, 1982, which mandates the supply of statements of witnesses recorded and a list of doc....
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