ORDER :

Vivek Rusia, J.

Heard the learned counsel for the parties through video conferencing.

1. The applicant/accused has filed the present revision u/s. 397, 401 of the Cr.P.C. against the order dated 9.9.2020 whereby the applications filed u/s. 293 of the Cr.P.C. and u/s. 65 of the Evidence Act filed by the prosecution have been allowed by the learned Special Judge, Narcotic Drug Psychotropic Substances Act (NDPS Act), Mandsaur.

2. The applicant is facing trial u/s. 8/21, 29 and 31 of the NDPS Act registered at Crime No. 353/2016, by the Police Station Sitamau, District Mandsaur. The prosecution has examined all the witnesses and the statement of the accused has also been recorded on 21.7.2020. Thereafter, the trial was fixed for final hearing on 27.7.2020.

3. According to the applicant, the arguments have already been advanced on 27.7.2020 and on the said date, the prosecution has filed an application u/s. 293 of Cr.P.C. seeking permission to exhibit the certified copy of the FSL report as secondary evidence without calling the witness. The application was opposed by the applicant on the ground that the original FSL report is not available on the record, therefore, Certified Copy th