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2011 DIGILAW 2656 (RAJ)

Union of India v. Dulichand

2011-12-02

SANDEEP MEHTA

body2011
JUDGMENT 1. - Today, the matter comes up on an application filed by the respondent accused Dulichand for sending back the record of the case to the learned trial Court, as the respondent is in custody since the year 2006. With the consent of the parties, the revision petition itself has been heard finally. 2. By way of this revision petition, the Union of India, Central Narcotics Bureau, challenging the order dated 23.1.2009 passed by the learned Special Test memo and report of Govt. Opium and Alkoloid Works, Neemuch is Judge, N.D.P.S. Cases, Udaipur, whereby the application filed by the petitioner for taking on record the test memo and the report of the DRI has been rejected. 3. Learned counsel for the respondent submits that he does not have any objection to the documents in question being taken on record. 4. Otherwise also, the test memo of the Government Opium and Alkaloid Works, Neemuch is admissible in evidence under Section 293 Cr.P.C. 5. Accordingly, the revision petition is allowed and the order of the leaned Special Judge rejecting the application filed by the Union of India, CBI for taking the test memo and the DRI report on record is set aside and the learned trial Judge is directed to take these documents on record and permit the Union of India to prove these documents by producing a witness, for which one opportunity shall be provided to the Union of India (complainant). In the event of the department failing to prove these documents on that date by producing evidence, the learned trial Court shall be at liberty to close the evidence and proceed with the trial.The evidence in the case is already completed and the matter was already at the stage where the statement of the accused had been recorded when the record was summoned by this Court. The trial Court shall thus proceed with the matter and dispose of the same expeditiously.Accordingly, the revision petition is disposed of. The record of the trial Court be sent back forthwith.Revision petition allowed. *******