O R D E R

The petitioner is one of the accused in the case S.C.No.35/2018 on the file of the Special Court for the trial of NDPS Act Cases, Thodupuzha.

2. The prosecution case is that, on 20.08.2017, at about

04.00 hours, near Edassery Junction in Kattappana Village, the Sub Inspector of Kattappana police station intercepted the car KL-08-AS/7436 and on inspection of the car, it was found that 17.200 kilograms of hashish oil was transported in the car. The Sub Inspector arrested accused 2 to 4 who were travelling in the car. The first accused who was travelling in the car could not be arrested at the spot of the occurrence as he ran away and & 4 escaped. He was subsequently arrested. Investigation of the case revealed the involvement of the other accused in the production and manufacture of the hashish oil which was seized by the police.

3. After completing the investigation, the Deputy Superintendent of Police, District Crime Branch, Idukki filed final report against 12 accused persons for the offences punishable under Sections 21(c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

4. When the trial of the case reached the stage of defence evidence, the petitioner filed an application as Crl.M.P.No.706/2019 for examination of two witnesses on his side and also filed a schedule of witnesses containing the names of the two witnesses. One witness was the Nodal Officer of BSNL and the other witness was the Reporter of Manorama News, Kottayam.

5. As per the order dated 17.10.2019, the learned Special Judge dismissed the aforesaid application filed by the & 5 petitioner. The order of the learned Special Judge reads as follows:

“The witness No.1 sought to be summoned is to prove the call details for the period from 18.08.2017 to 19.08.2017 of Mobile No.9446926742 and Mobile No.9447980375. So, the document sought to be produced is a document prior to the date of occurrence. The second witness sought to be summoned is a reporter, Manorama news. The documents sought to be produced is digital video regarding the interview of Idukki District Police Chief in connection with seizure of Hashish oil on 20.08.2017 which was broadcast in Manorama News Channel. According to me, the evidence sought to be adduced through the witnesses is not relevant and it is only to drag the matter. Hence, the petition is dismissed.”

6. Subsequently, the petitioner filed another application as Crl.M.P.No.735/2019 for examination of two witnesses on his side and also filed a schedule of witnesses containing the names of the two witnesses. The first witness cited by the petitioner was Sri.Venugopal, District Police Chief, Idukki and the second & 6 witness cited by the petitioner was the Nodal Officer of BSNL.

7. As per the order dated 07.11.2019, the aforesaid application was disposed of by the learned Special Judge stating as follows:

“Petition is allowed in part. Issue summons to witness No.2 (Nodal Officer, Legal) to produce the call details with tower location of 9446926742, 9447980375 pertain to 20.08.2017.”

8. It is pertinent here to note that the aforesaid order passed by the learned Special Judge does not speak anything about the examination of the first witness cited by the petitioner. The order does not disclose whether the prayer for examination of the first witness was allowed or rejected. The prayer in that regard is neither allowed nor rejected. The petition has been allowed only in part by the learned Special Judge. It means that the prayer for examination of the first witness stands rejected by the learned Special Judge but without assigning any reason at all.

9. The order dated 17.10.2019 passed by the learned Special Judge rejecting the prayer for examination of the Reporter of Manorama News is challenged in Crl.M.C.No.59/2020.

& 7 The order dated 07.11.2019 passed by the learned Special Judge rejecting the prayer for examination of the District Police Chief, Idukki is challenged in Crl.M.C.No.82