Jagdish Singh vs State of Punjab

Pritpal Singh, J.

The petitioner is being prosecuted under Section 9 of the Opium Act in the Court of Judicial Magistrate I Class, Dhuri, district Sangrur. He examined twentytwo witnesses in defence and then gave a statement on May 20, 1986 that he wanted to examined five more witnesses, namely, Dr. D.R. Garg, Inspector Randhir Singh, Chemical Examiner of Patiala and Chandigarh and Reader CID (Special Branch), Patiala. The trial Magistrate disallowed the petitioner to examine Inspector Randhir Singh and the Chemical Examiner, Chandigarh. The other three witnesses were allowed to be examined. The legality of this order passed by the Judicial Magistrate I Class on May 20, 1986 (Annexure P.1) has been challenged by the petitioner under Section 482, Code of Criminal Procedure, and it is prayed that the trial Magistrate be directed to allow the petitioner to examine Inspector Randhir Singh and Chemical Examiner, Chandigarh, also.

The petitioner wanted to produce Inspector Randhir Singh to prove that he was inimically disposed towards him. However, concededly he did not participate in the investigation of the case and, therefore, his relationship with the petitioner was totally irrelevant for the decision of the case.

So far as the Chemical Examiner, Chandigarh is concerned, he had analysed the sample and his report was introduced in evidence by the prosecution. As the report of Chemical Examiner is per se admissible in evidence under Section 293 Code of Criminal Procedure, therefore, the prosecution did not produce him in the witnessbox. No objection was taken at that stage by the petitioner nor any prayer was made to allow him to crossexamine the Chemical Examiner. In such circumstances the learned trial Magistrate was justified in disallowing the petitioner to summon the Chemical Examiner, Chandigarh, as a witness. The power under Section 482 of the Code of Criminal Procedure are to be invoked only to prevent the abuse of the process of Court or otherwise to secure the ends of justice. In the instant case the invocation of these inherent powers are not called for. This petition is, therefore, dismissed.