IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1506 of 2008 CHHOTE LAL RAI SON OF NAND LAL RAI, RESIDENT OF MITHAPUR, GAYALINE P.S. JAKHANPUR, DISTRICT PATNA AT PRESENT TENANT IN THE HOUSE OF JAGJEEVAN SINGH, SARDA COLONY CHITKOHARA, P.S. GARDANIBAGH, PATNA. …PETITIONER Versus STATE OF BIHAR …OPPOSITE PARTY For the petitioner : Mr.Vijay Kumar Sinha & : Mr.S.K. Bhatnagar, Advocates For the State :Mr.Umesh Lal Verma,APP ----- ----------- 02. 11.08.2010 Heard counsel for the parties. Petitioner who is facing prosecution under diverse section of the NDPS Act, is aggrieved by the order dated 17.11.2008, passed by learned Sessions Judge-VI, Patna in Special Case No.26/06. The said order reflects that on behalf of the prosecution one witness, namely, Kamal Singh was produced. The prosecution got him examined in examination in chief. Counsel for the petitioner, however refused to cross- examine the said witness on the plea that relevant document(s)/police papers on which the prosecution intended to rely were not furnished to the accused (petitioner). The impugned order further indicates that a submission was advanced on behalf of the prosecution that copy of the police papers on which the prosecution intended to rely were made over to the accused but he refused to accept the same. This fact is evident from order dated 08.01.2008. Learned counsel for the 2 petitioner has enclosed all documents except the order-sheet of the court dated 8.01.2008. In that view of the matter, this Court is not in a position to appreciate the submissions advanced on behalf of the petitioner. This Court is, therefore, not inclined to interfere with the order impugned. It is, however, observed that if the petitioner approaches the trial court within 03 weeks from today for recall of the said witness for cross-examination, the court below shall allow the same in order to give fair opportunity to the defence to cross-examine the said witness. With the aforesaid direction/observation, the application is disposed of. hr ( Kishore K. Mandal )