The High Court dismissed an application under Section 482 Cr.P.C. seeking recall of an expert and reexamination of seized contraband material, rejecting the applicant's claim that an increase in weight rendered the impugned order illegal.
Application under Section 482 Cr.P.C. dismissed as devoid of merits.
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Court No. - 78 Case :- APPLICATION U/S 482 No. - 3294 of 2021 Applicant :- Nausad Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, applicant has challenged the order dated 6.1.2021 passed by Addl. Sessions Judge/FTC-II, Special Judge, NDPS Act, Chandauli in S.T. No. 98 of 2012 (State Vs Nausad) arising out of Case Crime No. 488 of 2012, under Sections 8/21/22 of NDPS Act, P.S. GRP Mughalsarai, District Chandauli, pending int he Court of ASJ/FTC-II, Special Judge, NDPS Act, Chandauli.
Submission of learned counsel for the applicant is that during trial it has come on record that the total weight of the recovered contraband material has been increased from 515 grams to 515.80 grams and, therefore, an application has been moved by the applicant to recall the expert of Forensic Science Laboratory and also to reexamine the contraband material, which has wrongly been rejected by the court below vide impugned order dated 6.1.2021.
To the contrary, learned A.G.A. submitted submitted that the case is at final stage of arguments and the application has been moved only to delay the conclusion of trial and, therefore, the application has rightly been rejected by the trial court on valid reasons.
I have gone through the impugned order and found that the conclusions noted by the trial Court, are appropriate and just. Perusal of the impugned order reflects that there is no illegality in the rejection of application moved by applicant.
This application under Section 482 Cr.P.C. is devoid of merits, and is hereby dismissed.
Order Date :- 16.3.2021 RavindraKSingh
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. to recall an expert and reexamine contraband material due to marginal change in weight is maintainable at the final stage of trial.
1 provisions across 1 enactments
Nausad Khan
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
