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2021 Supreme(Ker) 29

V.G.ARUN
Antony Rosario Fernando, S/o. R. Antony Saamy – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.J.R.PREM NAVAZ
For the Respondent: C.K.SURESH (SR) FOR ADGP SURESH BABU THOMAS

ORDER :

Petitioners are accused 1 to 3 in S.C.No.330 of 2019 on the files of the Additional Sessions Judge-VII, Thiruvananthapuram. The prosecution allegation is of the petitioners were found to be in illegal possession of 6.36 kg of Hashish oil and currency worth Rs.6,72,500/-and thereby having committed the offences punishable under Sections 20(b)(ii)C and Section 29 of the NDPS Act. The trial of the case has commenced and the prosecution evidence is complete. The accused were questioned under Section 313(1)(b) Cr.P.C. Thereafter, the case was posted for defence evidence. At that juncture, Counsel for the petitioners filed Annexures A2 and A3 witness lists and sought issuance of summons to those witnesses. The Public Prosecutor filed objections stating that the attempt was to protract the proceedings and to cause annoyance to the witnesses. By Annexure A5 order, the court below allowed the applications in part. The prayer to issue summons to the sole witness in Annexure A2 and witness Nos.5, 7 and 8 in Annexure A3 was rejected. The prayer in this Crl.M.C is to quash Annexure A5 to the extent the order rejects the prayer for issuance of process to the only witness in Annexure A2 an

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