BA1/917/2022
2023 Latest Caselaw 3234 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  BA1 No.917 of 2022
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Bharat Tiwari, Advocate for the applicant.

2. Mr. Deepak Bisht, A.G.A. with Mrs. Mamta Joshi, Brief Holder for the State.

3. Learned counsel for the applicant/accused would submit that the applicant/accused has been falsely implicated in the instant case; that, 25 injections of Burprenorphine and 25 injections of Avil were alleged to have been recovered from the possession of the applicant; that, the Avil injection does not come under the list of prohibited medicines; that, the charge sheet was filed on 02.11.2021 and the charges were framed on 22.07.2022 and till date only one witness has been examined in the Trial Court; that, applicant/accused is languishing in jail since 16.09.2021.

4. Learned State Counsel would admit that till date only one witness has been examined. He, however, would submit that the next date fixed in the Trial Court is 30.10.2023.

5. The Trial Court is directed to examine all the material witnesses within next one month i.e. 30.11.2023.

6. The I.O./S.H.O. is directed to produce all the witnesses and be present at the time of recording of evidence as per the judgment of Hon'ble Supreme Court in Shailendra Kumar vs. State of Bihar (2002) 1 SCC 655.

7. List this matter on 04.12.2023.

(Vivek Bharti Sharma, J.) 19.10.2023 Rajni