1. - This is an application under Section 482 Criminal Procedure Code in case No. 72 of 1983 pending in the Court of Additional Chief Judicial Magistrate No. 2, Kota for offence under Section 4/9 of the Opium Act.

2. Alarming facts giving rise to this application are that accused petitioner is facing trial under Section 4/9 of the Opium Act ever since February, 1983 and for five years the prosecution evidence could not be completed but it was for the attitude of an Investigating Officer as early as 16-5-86 that Investigating Officer, Shri Shiv Rajsingh, A.S.I., was summoned and the case was listed for his evidence on 16-7-86. Witness was not present on 16-7-1986 hence, it was adjourned to 30th September 1986. The order-sheet of this date discloses that both Shiv Rajsingh and Govind Singh were absent despite service of summons. The reason for absence was also not disclosed. Hence, warrant of arrest was ordered to be issued along with the issuance of notice under Section 350 Criminal Procedure Code . After dictation of this order-sheet, another Shiv Rajsingh, A.S.I., appeared in the Court and said that he has been wrongly served and he is not a witness in the case. He stated