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Judgment
Nirmal Singh, J.—This is a petition u/s 482 Cr.P.C. for quashing the order dated 4.5.2001, Annexure P-1 whereby the petitioner has been deprived of an opportunity to cross-examine the witnesses.
Shri R.P. Dhir, learned Counsel for the petitioner submitted that the trial court has recorded the evidence of the prosecution, even though there was no counsel to defend the accused. He submitted that the petitioner is in custody and there is no ground for him to delay the proceedings. He submitted that the order passed by the Special Judge/Additional Sessions Judge is arbitrary.
Shri G.P.S. Nagra, appearing for the State has failed to support the impugned order.
I have given my thoughtful consideration to the submissions made by the learned Counsel for the petitioner and find force in it.
The petitioner is in custody since 18.7.2000. It cannot be said that the petitioner has any intention to delay the proceedings. The case against the petitioner is of very serious nature. u/s 15 of the N.D.P.S. Act, a person can be sentenced to minimum 10 years imprisonment with a fine of Rs. 1 lac for keeping the poppy husk in his possession. For such a severe punishment, the accused has a right to be defended by a counsel of his own choice. The court has no right to put a condition that he should be defended by a particular counsel or by amicus curiae. If the court has directed that he should be defended by a particular Advocate OF by amicus curiae, it will be in violation of the principles of natural justice and denial of fundamental right. Therefore, the impugned order is palpably erroneous and cannot sustain.
For the reasons recorded above, this petition is accepted. The impugned order is set aside. The trial Court is directed to recall the witness and the accused has a right to be defended by a counsel of his own choice. However, it is made clear that if on the next date the witnesses are present and have not been examined by the accused then the Court is at liberty to impose costs i.e. TA/DA upon the accused.
Petition allowed.