TMI Blog1999 (9) TMI 981X X X X Extracts X X X X X X X X Extracts X X X X ..... ence, he has come up with this appeal by special leave. 2. The case against the appellant, in short, is that he was intercepted on 28.4.1996 by PW-1, Inspector of Customs, on suspicion and a search was conducted by PW-2, Superintendent of Customs Department. During which time 1600 grams of Charas had been detected and recovered from his possession, i.e. from the tool box fixed beneath the motor cycle on which he was riding. 3. Three witnesses were examined for prosecution and they were cross-examined by the Counsel engaged by the appellant (Mr. Kailash Sammuel). After the stage of cross-examination of those three witnesses was over, unfortunately the said Mr. Kailash Sammuel passed away. Appellant then engaged Mr. S.S. Chahal, Advoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dawar, Advocate, submitted before us that he had addressed arguments before the High Court on that ground also. We do not wish to go into question whether the aforesaid point was properly urged before the High Court or not. 6. Normally, at this late stage, we would be disinclined to open up a closed trial once again. But we are persuaded to consider it in this case on account of the unfortunate development that took place during trial i.e. the passing away of the defence Counsel midway of the trial. The Counsel who was engaged for defending the appellant had cross-examined the witnesses but he could not complete the trial because of his death. When the new Counsel took up the matter he would certainly be under the disadvantage that h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. The court shall summon PW-1, PW- 2, and PW-3 to be cross-examined again on behalf of the accused. 2. The evidence already brought on record will remain as part of the evidence in the case. After the defence counsel availing himself of the opportunity to further examine the three witnesses, if prosecution wants to adduce further evidence, it is open to the court to grant permission for the same. Accused shall then be called upon to enter on his defence. 3. After collecting such evidence, if any adduced by the accused, the trial Judge shall dispose of the case afresh in accordance with law and untrammelled by any findings or observations made in the judgment of the trial court or that of the High Court. 10. We make it cl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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