IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.33189-M of 2010 Date of Decision:6.1.2011 Rajesh Kumar @ Raja and another .... Petitioners Versus State of Punjab .... Respondent CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Surender Saini, Advocate for the petitioners. Mr. Jaspreet Singh, A.A.G. Punjab. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J.(Oral) The petitioners have filed the present petition under Section 482 Cr.P.C. praying that order dated 27.9.2010 be set aside only to the extent vide which the learned Special Judge, S.A.S. Nagar, Mohali, treated the opportunity to cross examine PW-6 and PW-7 as nil in case FIR No.45 dated 9.5.2008 under Sections 20,25 of NDPS Act, P.S. Lalru, S.A.S. Nagar, Mohali, by granting one opportunity to cross examine them. It is contended that the said order is resulted into grave miscarriage of justice. It is further stated that the counsel for the petitioner before the trial Court could not appear before lunch on 27.9.2010 as he was busy in the High Court. However, he had appeared at 2.30 p.m. but his request was declined and his opportunity to cross examine the witnesses PW-6 and PW-7 was treated as nil. Heard. The petitioners cannot suffer on account of the fault of the Crl. M. No.33189-M of 2010 -2- counsel. Both these witnesses are stated to be witnesses of recovery and are material witnesses. As such, the interest of justice would be met if one more opportunity is granted to the petitioners to cross examine the witnesses PW-6 and PW-7. Accordingly, the present petition is disposed of with a direction to the trial Court that the petitioners be allowed to cross examine the witnesses PW-6 and PW-7. However, only one opportunity shall be granted for the same subject to the payment of Rs.5000/- as costs. 6.1.2011 ( NIRMALJIT KAUR ) rajeev JUDGE