JUDGMENT :

AVNEESH JHINGAN, J.

1. The matter is taken up for hearing through video conference due to COVID-19 situation.

2. Aggrieved of the order dated 12.3.2021 passed by Additional Sessions Judge-cum-Special Judge (under NDPS Act, 1985), Jind allowing the application under Section 311 Cr.P.C., the petitioner is before this Court.

3. The brief facts are that on 16.12.20217 a secret information was received by the police party that one Swift car bearing registration No. HR-31M-1537 is being used by the accused including the petitioner for bringing Charas. The vehicle was checked and 4.5 kgs. of charas was recovered. After investigation, challan was produced in the court on 23.1.2018. Examination of prosecution witnesses started on 26.3.2018 and concluded on 18.3.2019.

4. An application under Section 311 Cr.P.C. was filed by the Public Prosecutor stating that due to inadvertence Nodal Officers of Idea and Airtel could not be examined inspite of that they were mentioned in the list of witnesses. The application was allowed, hence the present revision petition.

5. Learned counsel for the petitioner submits that the court below erred in allowing the application at a belated stage of trial.