JUDGMENT :

Dipak Misra

1. Invoking the inherent jurisdiction of this Court u/s 482 of the Cods of Criminal Procedure (hereinafter referred to as 'the Code') the petitioner calls in question the defensibility of the order passed by the learned Additional Sessions Judge, Bhubaneswar in S. T. No.38/207 of 1983 whereby the petition filed by him for grant of opportunity to adduce further evidence on behalf of the defence was rejected.

2. The essential facts which have laid to the filing of the present application are that on the basis of P. R. No. 12/92/93, 2 (a) CC No 150 of 1992 was instituted against the petitioner and one Bipin Behari Behera u/s 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in the Court of SDJM. Bhubaneswar, which ultimately gave rise to S. T. No. 38/207 of 1983 in the Court of Additional Sessions judge, Bhubaneswar. By order dated 13-7-1995, the learned trial Judge acquitted the said Bipin Behari Behera u/s 232 of the Code. However, he recorded a finding that the trial should proceed as far as the present petitioner was concerned and accordingly adjourned the matter to 20th of July, 1995 directing production of the petitioner on the said date. The cas