Criminal Misc. No.M-23104 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-23104 of 2009 Date of decision : 25.09.2009 Jeet Singh @ Jagjeet Singh ....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. G.S.Sandhu, Advocate for the petitioner Mr. Deepak Jindal, Assistant Advocate General,Haryana S. D. ANAND, J. The petitioner is one of the accused in FIR No. 146 dated 28.8.2003 under Section 15 of the N.D.P.S. Act Police Station, Guhla, District Kaithal who could not be tried; while his co-accused were tried and convicted for the offence under Section 15 of the NDPS Act, because the former was overseas and was declared a proclaimed offender. He surfaced after the conclusion of the trial. The supplementary challan was filed and he is being presently prosecuted in the Court. The difficulty being experienced by the learned Trial Court is that the original record had already been requisitioned by this Court for disposal of the appeal filed by those accused who had been convicted earlier. The original memos etc. are available on the record which is lying with the Registry of this Court. The trial is presently fixed before the Trial Court on 6.10.2009; while appeal of the co-accused is listed for hearing before a Coordinate Bench of this Court on 29.10.2009. The Registry is directed to forward the record forthwith to the learned Trial Court which may proceed to examine all the relevant witnesses on 6.10.2009 or immediately thereafter. The records Criminal Misc. No.M-23104 of 2009 -2- **** have, in any case, to be returned to the Registry of this Court in such a manner that the appeal is taken up by(the Coordinate Bench of) this Court on 29.10.2009. For purpose of making use of the record, the Trial Court may consider the feasibility of holding it on day to day basis. Learned State Counsel assures that all efforts shall be made to examine all the relevant witnesses on 6.10.2009 or which ever date is fixed thereafter by the learned Trial Court. If all the witnesses have not been summoned by the learned Trial Court for 6.10.2009, it shall now proceed to issue summonses to all the witnesses who have not summoned. The copy of order shall be FAXED to the learned Trial Court today itself. Copy of the order be given to the learned State counsel under the signatures of the Special Secretary attached to this Court. September 25, 2009 (S.D. ANAND) Pka JUDGE