IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

1.

Criminal Revision No. 4070 of 2017 (O&M)

Date of decision : November 17, 2017

Sukhpal Singh Khaira

....... Petitioner

VERSUS

State of Punjab

..... Respondent

2.

Criminal Revision No. 4113 of 2017 (O&M)

Joga Singh & another

....... Petitioners

VERSUS

State of Punjab

..... Respondent

CORAM : HON'BLE MR. JUSTICE A.B. CHAUDHARI

PRESENT: Mr. R.S. Rai, Sr. Advocate, with

Sarvshri Gautam Dutt and Abhinav Sood, Advocates,

for the petitioner in CRR-4070-2017.

Mr. G.S. Punia, Sr. Advocate, with

Mr. P.S. Punia, Advocate, for the petitioners in CRR-

4113-2017.

Mr. Dhruv Dayal, Senior Deputy Advocate General,

Punjab.

...

1. Whether Reporters of local newspapers may be allowed to

see the judgment? YES

2. To be referred to the Reporter or not? YES

3. Whether the judgment should be reported in the digest?

YES

4. Whether speaking/Reportable ? Yes.

Per A.B. Chaudhari, J.

By these two revision petitions, the three petitioners; namely

GURSHARAN SINGH KANG

2017.11.17 12:09

I attest to the accuracy and

authenticity of this document

Criminal Revision No. 4070 of 2017

2

Sukhpal Singh Khaira, Joga Singh and Manish Kumar, have put to

challenge the order dated 31.10.2017 in CRM No.339 of 28.09.2017 in

Sessions Case No.289 of 16.09.2015, decided on 31.10.2017.

Facts :-

F.I.R. No.35 dated 05.03.2015 under Sections

21/24/25/27/28/29/30 of the Narcotic Drugs and Psychotropic Substances

Act, 1985, Section 25-A of the Arms Act and Section 66 of the

Information Technology Act, 2000, was lodged at Police Station Sadar,

Jalalabad against eleven accused persons. On 09.03.2015, a Special

Investigation Team was constituted, consisting of Deputy Inspector

General of Police, Ferozepur, Senior Superintendent of Police, Fazilka

and Superintendent of Police, Fazilka, which investigated the FIR and

filed a challan on 06.09.2015 against nine persons, since remaining two

persons were declared Proclaimed Offenders and finally one of them was

never apprehended. Thus, the trial was held against 10 persons.

Thereafter, on 18.11.2016, a supplementary charge-sheet came to be filed

against the two Proclaimed Offenders. Petitioner-Sukhpal Singh Khaira

had filed CWP-8999-2015 in this Court, praying for investigation by the

Central Bureau of Investigation in the said FIR. Upon issuance of notice,

the said petition was heard on some dates and on 14.07.2016, Additional

Advocate General for the State of Punjab made a statement that petitioner-

Sukhpal Singh Khaira was not named as an accused in the said FIR and,

as such, there was no cause of action for maintaining the petition. As a

sequel, petitioner-Sukhpal Singh Khaira withdrew the said petition on

16.03.2017. During this period, PW-4 Ajmer Singh (Superintendent of

GURSHARAN SINGH KANG

2017.11.17 12:09

I attest to the accuracy and

authenticity of this document

Criminal Revision No. 4070 of 2017

3

Police) and PW-5 Jaswant Singh (Inspector) were examined in the trial

against 10 accused persons. The evidence of PW-4 Ajmer Singh and PW-

5 Jaswant Singh was completed on 06.07.2017 and the prosecution closed

its evidence. On 06.07.2017 itself, a request for recall made by the

prosecution was declined by the trial Court. On 31.07.2017, an

application was filed by the prosecution under Section 311, Code of

Criminal Procedure, for recalling the witnesses and also to produce some

record for being proved. On 17.08.2017, the said application was

allowed. After the said application was allowed, PW-4 Ajmer Singh,

PW-5 Jaswant Singh and PW-13 Ravinder Pal Singh (Constable) were

examined between 14.09.2017 to 21.09.2017. On 21.09.2017, the

prosecution again closed the evidence. On 21.09.2017 itself, the

prosecution filed an application under Section 319, Code of Criminal

Procedure,