Vishva Kumar Garg vs State Of Uttarakhand

R.C. Khulbe, J

By way of present application, moved under Section 482 of Cr.P.C. the applicant seeks to quash the order dated 29.11.2019 passed by the Special Judge, N.D.P.S. Act, Dehradun in S.S.T. No.91/2015, State Vs. Vishva Kumar Garg.

Factual matrix of the case is that an FIR was lodged on 21.05.2015 at 21:30 against the present applicant alleging that 7.50 Kg. contraband (charas) was recovered from the possession of the applicant-Vishva Kumar Garg. On the basis of the said recovery, recovery memo was prepared and investigation was conducted. After completion of investigation, charge sheet was submitted. The prosecution has already adduced all the evidence. Statement of accused under Section 313 Cr.P.C. has already been recorded. In defence, the applicant has already produced seven witnesses. After that, an application 43-Kha was moved by the present applicant for calling the record from the office of Hon'ble Chief Minister, Uttarkahand so that the accused may prove the said information in his defence. The said prayer was turned down by the concerned Court on 29.11.2019. Aggrieved by it, the present criminal misc. application under Section 482 Cr.P.C. has been filed by the applicant for quashing the same.

It is argued by the learned counsel for the applicant that before arresting of the accused, the family members of the accused had already sent an information through email to the office of Hon'ble Chief Minister, Uttarakhand on 21.05.2015 stating that the accused can be falsely implicated in future by the police in any crime. To show his innocence, the said message was sent through email to the office of Hon'ble Chief Minister.

From the perusal of the record, it is clear that the applicant / accused has already submitted a list of witnesses i.e. paper no.44B, in which at Sl.No.8 the email dated 21.05.2015 is clearly mentioned.

Since the email dated 21.05.2015 has already been shown in column no.8 of list of defence witnesses, hence, it is necessary to produce such document along with a competent person to prove it before the concerned trial Court. The contents of email and its relevance is a matter of evidence, I cannot assess it at this stage but the message which was already sent by the family members of the accused to the office of Hon'ble Chief Minister, Uttarakhand is a material piece of facts, which must be produced before the Court.

In these circumstances, the present criminal misc. application filed under Section 482 Cr.P.C. is liable to be allowed and, accordingly, the same is allowed. The order dated 29.11.2019 passed by the Special Judge, N.D.P.S. Act, Dehradun in S.S.T. No.91/2015, State Vs. Vishva Kumar Garg is hereby set aside and the learned trial Court is directed to call the record relating to email dated 21.05.2015 sent by family members of the accused to the office of Hon'ble Chief Minister of Uttarakhand along with competent person to prove it before the Court.

Present C482 application stands disposed of, as above.

Pending applications, if any, also stand disposed of accordingly.

Let a certified copy of this order be supplied to the learned counsel for the parties within 24 on payment of usual charges, as per rule.