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2025 Supreme(Online)(Tel) 17464
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI, J
State – Appellant
Versus
Accused Nos.1 and 2 – Respondent
CRIMINAL PETITION No.7357 OF 2025
For the Appellants/Petitioners: Mr. Surepalli Prashanth
For the Respondents: Mrs. Indira
The court emphasized the necessity of recalling key witnesses for a just decision, flagging the trial court's dismissal of the request as unreasonable, impacting the accused's right to a fair and speedy trial.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 8(c) and Section 20(b)(ii)
(C) - Code of Criminal Procedure - Section 311 - Petition was filed to recall witnesses for recording evidence - The court emphasized the necessity of such witnesses for a just decision in the case - The trial court's dismissal of the petition was found lacking reason and evident non-application of mind. (Paras 10, 19, 22)
(B) Right to a fair trial - Speedy trial as a fundamental right - The court highlighted the necessity of not allowing accused to languish in prison long-term, urging the trial court to expedite the proceedings. (Paras 19, 20)
Facts of the case:
This petition challenges the dismissal of a request to recall critical witnesses in a drug-related case, emphasizing the necessity of their testimony for a fair trial.
Findings of Court:
The learned Sessions Judge's decision lacked reasoning and was set aside to ensure justice is served.
Issues: The main issues included the necessity of recalling key witnesses for a just decision and the exploration of the right to a speedy trial.
Ratio Decidendi: The Court held that Section 311 of Cr.P.C. permits recalling witnesses essential for just outcomes, highlighting the trial court's failure to so act constituted a severe oversight. The court stressed that the rights of undertrial prisoners necessitate expeditious judicial proceedings.
Result: Criminal Petition is allowed.
| Table of Content |
|---|
| 1. factual basis for charges of narcotic trafficking. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding recall of witness testimonies. (Para 8 , 10 , 11 , 12) |
| 3. judicial discretion and the importance of timely justice. (Para 14 , 16 , 19) |
| 4. power of the court to recall witnesses for just decisions. (Para 15 , 17) |
| 5. conclusion on allowing the petition and setting aside prior orders. (Para 21 , 22) |
O R D E R:
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by the State to set aside the order dated 28.05.2025 passed in Crl.M.P.No.263 of 2025 in S.C.(NDPS).No.4 of 2024 by I Additional Sessions Judge, Hanumakonda.
2. Heard Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for petitioner–State and Mrs. Indira, learned counsel for respondents/accused.
3. On the basis of complaint of Sub-Inspector of Police, PS Elkathurthy, an FIR bearing No.195 of 2023 came to be registered on 16.10.2023 for the offences under Section 8 (c) read with Section 20 (b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). The gist of the complaint is that Sub-Inspector of Police, was performing vehicle checking duties in view of the (forthcoming assembly) elections at check post Penchikalpet cross road, along with his personnel. On 16.10.2023 at
05:00 hours, they checked an Eicher truck moving towards Karimnagar from Hanumakonda and found two persons suspiciously, on questioning them, they stated Ganja packets were on the top of the truck. Sub-Inspector of Police climbed the truck and found intense smell emanating from the packets (150 packets, each of 2 kgs Ganja were found).
4. A notice under Section 50 of NDPS Act was served, accused Nos.1 and 2 confessed. A requisition was sent to Tahsildar, Elkathurthy, on the requisition of Tahsildar, MDPC, Elkathuthy, sent two mediators. Tahsildar conducted confession and seizure panchanama. Accused No.1 hails from Un Village, Kargon District, Madhya Pradesh, accused No.2 from Akulbeda Nava Slat Village, Chopda Taluka, Jalgam District, Maharastra. In their confession, accused Nos.1 and 2 stated that accused No.3 Rahul Sabley and accused No.4 Shubham Gothiram Sabley got loaded 1106 packets of Rashik Litchi 250 ML bottles in Eicher truck at Jalgam, Maharashtra, directed them to unload them at Koheda in Odissa State and further directed them to come to Visakhapatnam.
5. On 09.10.2023, they unloaded the Rashik Litchi bottles and went to Visakhapatnam. Accused Nos.3 and 4 came, took the truck into forest a distance of 40 kms from Visakhapatnam. Accused No.5 Sheshu came there and took them to an unknown place. At the unknown place, accused No.4 purchased 150 packets of Ganja (blue colour packets, sealed with brown colour tape, each packet containing 2 kgs of Ganja, valued at Rs.10,000/- per kg) and loaded them on the top of the truck and covered the truck with black colour tarpaulin cover and later covered with green colour tarpaulin (thadipathri).
6. Accused Nos.1 and 2 confessed that they were directed to transport the said packets to Jalgam District, Maharashtra, for selling at Rs.25,000/- per kg. They started from Visakhapatnam via Karimnagar and were apprehended at Penchikalpet Cross Road. It is further stated in the complaint that action be initiated against accused Nos.1 and
2 after taking them into custody.
7. Charge Sheet was filed against accused on 06.03.2024 on the file of I Additional District and Sessions Judge, Hanumakonda. In all 15 witnesses were to be examined.
8. Crl.M.P.No.263 of 2025 in S.C(NDPS).No.4 of 2024 was filed by the State under Section 311 of Code of Criminal Procedure (for short ‘Cr.P.C’) to recall LWs.14 and 15 for recording their evidence in the interest of justice as the prosecution did not examine LW.14, B.Sanjeev, Inspector of Police, the first investigating officer who arrested accused Nos.1 and 2 and LW.15, A.Praveen Kumar, Circle Inspector of Police, who filed the
