ORDER :

1. Petitioner is an accused facing trial under Sec.22(b) of the NDPS Act. He was called upon to enter on his defence and adduce evidence as provided under Sec.233(1) of Cr.P.C. He filed an application requesting to direct the village officer to prepare a plan showing five landmarks and to produce the same. The learned additional sessions judge dismissed the application. The said order is impugned in the present proceedings.

2. Heard Sri.Shaijan C.George, the learned counsel for the petitioner and Smt.K.K.Sheeba, the learned public prosecutor.

3. What the petitioner wants is to get a plan prepared by the village officer according to an accurate scale and showing five landmarks in the plan so prepared. Those five landmarks are mentioned in the application. The petitioner requested the trial court to issue a direction to the village officer to prepare such a plan and produce it in court. The application was filed under Sec.91 of Cr.P.C read with Sec.233(3) of Cr.P.C. The learned trial judge dismissed the application holding that no such application was maintainable.

4. Sec.91 of Cr.P.C provides, inter alia, that if any document is necessary or desirable for the purpose of any inqu