HC tells judges to deal with all issues raised before them

Saurabh Malik

Tribune News Service

Chandigarh, October 9

The Punjab and Haryana High Court has reminded special judges across Punjab, Haryana and Chandigarh to deal with all issues raised before them by the warring sides during trial before delivering the judgment.

“It is expected that the special judge holding a trial should deal with all contentions/submissions of the counsel for the parties and thereafter deliver the judgment,” Justice Anil Kshetarpal said, adding that every accused had right to defend himself.

The assertion came in a drugs case where the special judge, after noticing various arguments, dealt with only one argument of non-joining of independent witness.

The accused, Jarnail Singh alias Jaila, had moved the High Court questioning the correctness and validity of judgment, convicting him under Section 22 of the NDPS Act.

The prosecution had claimed that the appellant on May 29, 2014, was found in conscious possession of 45 gm of intoxicant powder within the jurisdiction of Bhogpur police station in Jalandhar.

Justice Kshetarpal asserted that the appeal deserved to be allowed on more than one ground. ASI Premjit Singh, who carried out the search, was in fact a head constable holding “ORP rank”. As per a Punjab government notification, officers of and above ASI rank were empowered to exercise powers and perform duties specified in Sections 42 and 57 of the NDPS Act.

Justice Kshetarpal added that it was further noticed from ASI Premjit Singh’s statement that the appellant was not given proper option. He was given the choice to get search conducted from the investigating officer, a gazetted officer or a magistrate. But search from nearest magistrate or gazetted officer were the only two permissible options.