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2013 Supreme(Raj) 1902

NARENDRA KUMAR JAIN II
Mangilal – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates:
For the Petitioner:Mr. Anil Upman, Advocate.
For the Respondent: Mr. Laxman Madnani, Special Public Prosecutor.

JUDGMENT

1. - Accused - petitioner has filed this criminal misc. petition under Section 482 Cr.P.C. challenging the order dated 5.7.2013 passed by Special Judge, N.D.P.S. Cases, Jhalawar (hereinafter referred to as 'the Trial Court') in Criminal Case No. 54 of 2011, NCB v. Jagdish & Ors. whereby the learned trial Court has dismissed the application under Section 311 Cr.P.C. filed by the petitioner.

2. Brief facts of case are that the petitioner is facing criminal trial in Criminal Case No. 54/2011 for the offence under Sections 8/18 and 8/20 of the N.D.P.S. Act. During the course of trial an application was filed by the petitioner to recall the prosecution witnesses namely Bhagat Singh and Seizing Officer Anil Kumar as during the course of cross-examination, alleged trolley was not produced wherein it has been alleged that from the dickey of the trolley opium was recovered and it was also mentioned that practically it is not possible for any person to keep the huge quantity of opium, as dickey is very small in size. The learned trial Court vide order dated 5.7.2013 dismissed the application under Section 311 Cr.P.C. filed by the petitioner-accused. Being aggrieved with the order d










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