ORDER

The petitioner herein is the 2nd accused in SC No 2/2018/NIA pending before the Special Court for the Trial of NIA cases, Ernakulam. This Crl M.C challenges Annexure E order, passed by the Special Court allowing an application submitted by the National Investigation Agency (NIA) permitting examination of one Shajahan V.K as an additional witness in the above Sessions Case. According to the petitioner, the additional witness sought to be examined, is a co-accused who was tried and convicted by the NIA Court at New Delhi on the basis of the charge- sheet filed by NIA, New Delhi Unit, based on the very same transactions and is not a competent witness. The accused in a case can be examined as a witness only under Section 315 of the Criminal Procedure Code ; the conditions under which are not satisfied in the present case.

2. We heard Sri Vipin Narayan, learned counsel for the petitioner and Sri P.Vijayakumar, the learned Assistant Solicitor General of India.

3. The learned counsel for the petitioner would point out that Annexure E order passed by the Special Court is not legally sustainable. He argues that even going by the pleadings of the prosecuting agency and also on the basis