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2024 Supreme(Ker) 920

K. BABU
ASANUL BANNA S/O AMEER – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K. SIJU, S. ABHILASH, ANJANA KANNATH, MARIYA JOSE.
For the Respondent: G. SUDHEER.

JUDGMENT :

K. BABU, J.

1. The prayers in this Original Petition are as follows:

    “(i) To set aside Ext.P2 order passed by the Special Court for NDPS Act Cases, Thodupuzha in Crl. M.P. No. 559/2024 in SC No. 66/2020 in C.R No. 5/2016 of Excise Range, Udumbanchola and to re-schedule the trial in the interest of justice.

(ii) To pass such other reliefs that this Hon’ble Court deem fit and proper.

(iii) To permit the petitioner to dispense with filing of translation of exhibits in vernacular language along with the OP (Crl.).”

2. The petitioner is accused No. 1 in S.C. No. 66 of 2020 on the file of the Special Court (NDPS Act Cases), Thodupuzha. The Sessions Case was scheduled for trial on 11.09.2024. The petitioner filed an application seeking adjournment of the trial stating the reason that his lawyer has inconvenience as he is engaged in the trial in another matter.

3. The learned Sessions Judge rejected the application on 06.09.2024 holding that the reason stated for adjournment is not sufficient.

4. The learned counsel for the petitioner submitted that the learned Sessions Judge has passed Ext.P2 order mechanically without considering the valuable right of the accused to be defended by a l

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