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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Ranjeet Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
The present revision petition has been filed challenging the order dated 18.03.2025 passed by learned Judge, Special Court, Ludhiana, in FIR No.41 dated 09.03.2023 under Sections 22 and 29 of The Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'NDPS Act'), registered at Police Station Sadar, District Ludhiana, whereby the application under Section 311 of the Cr.P.C. filed by the prosecution for summoning and examining three prosecution witnesses namely, ASI John Peter, Head Constable Gurvinder Singh, and Lakhvinder Singh has been allowed.
2. Learned counsel for the petitioner has contended that the impugned order suffers from serious legal infirmities. It is argued that the application under Section 311 of the Cr.P.C. was moved at a highly belated stage, thereby causing grave prejudice to the petitioner. It has been further contended that the learned trial Court has failed to adhere to the well-settled legal principles governing the invocation of Section 311 of the Cr.P.C., and that allowing the prosecution to examine these witnesses at this stage would amount to granting an undue advantage, enabling it to fill lacunae i
Section 311 Cr.P.C. allows courts to summon additional witnesses at any stage for just decision-making, underscoring the importance of ensuring no evidence essential to the truth is left out.
The court confirmed that Section 311 CrPC allows summoning of witnesses at any stage if essential for justice, even post-final arguments, especially when original witnesses are unavailable due to unf....
The court upheld that Section 311 Cr.P.C. allows recall of witnesses only when essential for justice, emphasizing the need for strong justification for such applications.
Merely on asking the application under Section 311 of the Cr.P.C. cannot be allowed as there has to be sufficient reasons behind it.
The court emphasized that the power under Section 311 Cr.P.C. must be exercised judiciously to ensure a fair trial and should not be used merely to fill gaps in evidence.
Power to summon material witnesses under Section 311 Cr.P.C. which falls under Chapter XXIV containing general provisions as to inquiries and trials has been held to confer a very wide power on court....
The court emphasized that the power under Section 311 of the Cr.P.C. must be exercised judiciously, ensuring that it serves the ends of justice and is not based on arbitrary claims of coercion.
Accused filthy language and threatened to complainant - Power to summon material witness or examine - It is well settled by Hon’ble Supreme Court that lacuna cannot be fulfilled in garb of power conf....
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