1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO.13/2008 IN CRIMINAL APPEAL NO. 30/2006 Lalemushak L. Kodagnur r/o. 100 Futti Road, Pakiza Majia, Main Plot, Sangli, Maharashtra. ........... Applicant. V/s. State of Goa, as represented by the Officer-in-charge A.N.C. Police Station, Police H.Q., Panaji, Goa. ........... Respondent. Ms. Caroline Collasso, Advocate for the applicant. Ms. W. Coutinho, Public Prosecutor for the State/Respondent. CORAM : S.A. BOBDE, J. DATE : MARCH 27, 2008. ORAL ORDER : In the appeal against the conviction under the N.D.P.S. Act, the appellant has moved this application for a direction to recall K.M. Vashney, PW.1 for cross examination. The main ground urged by the applicant in this regard is that the said witness was not cross examined at all by the accused/applicant even an opportunity was given to him, because his 2 Advocate was absent on that day. According to the learned Counsel for the applicant, the accused/applicant declined to cross examine because he was not familiar with the language of the deposition of the witness. 2. It is an undisputed fact that the witness, PW.1 was examined on 16.2.2005 and the applicant was convicted on 9.1.06. Thus, almost for a year the applicant participated in the trial through his Advocate. But, no application for recalling the witness was made. It is only after his conviction, and in the course of the appeal that this application has been made. The application is not bonafide and appears to have been filed only with an intention to protract the proceedings. If there was any real prejudice, it would have been agitated earlier. 3. The learned Counsel for the applicant states that the applicant wanted to cross examine the witness on the fact that he did not do any quantitative analysis of the drug, in question. According to the learned Counsel, if this application is rejected, it may be difficult for the applicant to argue the said point. That is not so. Surely, the applicant can argue the appeal on all points, including the significance and importance of quantitative analysis. 3 4. In the circumstances, the application is rejected. S.A. BOBDE, J. sm.