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2016 (8) TMI 11 - DELHI HIGH COURTOffences punishable under Sections 9 and 9AA of Central Excise Act - an application under Section 311 Cr.P.C was filed by the petitioner seeking recalling of the witnesses. The same was dismissed - Though the complainant/petitioner pressed an application for withdrawal of show cause notice to Joint Commissioner, Excise but did not bother to examine the witnesses. The petitioner was more concerned about the waiver of the cost imposed and exemption of the Joint Commissioner from personal appearance. - Held that:- no time frame for conclusion of the trial can be fixed however the same does not take away the power of the Trial Court to close the evidence if the facts and circumstances of the case warrant. The decision in P. Ramachandra Rao (supra) and Abdul Rehman Antulay Vs. R.S. Nayak AIR 1992 SC 1701 preserve the right of an accused for a speedy trial. Thus if despite repeated opportunities witnesses are not brought by the prosecution or defense and the Trial Court closes its evidence, it commits no illegality. During the course of arguments this Court raised a query to the learned counsel for the petitioner as to whether he was in a position to produce all its witnesses expeditiously on one or two dates, when the learned counsel for petitioner was clueless as it was not even known as to how many witnesses are now available for examination. Considering the conduct of the complainant during trial, I find no infirmity in the impugned order dismissing the application of the petitioner under Section 311 Cr.P.C. Petition dismissed - Decided against the petitioner.
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