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2018 Supreme(HP) 292

SANDEEP SHARMA
Inder Singh Chauhan – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Mr. T.S. Chauhan.
For the Respondents: Mr. S.C. Sharma, Mr. Dinesh Thakur, Mr. Amit Kumar.

JUDGMENT :

Sandeep Sharma, J.

1. Being aggrieved and dissatisfied with order dated 23.6.2017, passed by learned Special Judge, Chamba, District Chamba, Himachal Pradesh in Sessions Trial No. 14/16, whereby learned Special Judge dismissed the application having been filed by the petitioner- accused (hereinafter, ‘accused’) under Section 311 CrPC, accused has approached this Court in the instant proceedings, praying therein to set aside the aforesaid order (Annexure P-1) and allow the application having been filed by him under Section 311 CrPC.

2. Precisely, the facts as emerge from the record are that accused, who has been charge sheeted for having committed offence punishable under Sections 20 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter, ‘Act’) moved an application under Section 311 CrPC, for leading additional evidence in the court of learned Special Judge, Chamba, District Chamba, in Sessions Trial No. 14/16. Accused also averred in the application that while leading defence evidence, he inadvertently failed to examine one Ms. Pooja Thakur, Managing Director, Hill Academy, Chamba, whose examination is very material and essential for the just decision of t












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