SABINA,J. - (1.) Petitioner has filed this petition under section 482 Code of Criminal procedure, 1973 challenging the order dated 20.7.2016 whereby, application moved by the state under Section 311 Cr.P.C., 1973 was allowed.
(2.) Learned counsel for the petitioner has submitted that the trial court has erred in allowing the application moved by the prosecution under Section 311 Cr.P.C., 1973
(3.) Petitioner is facing trial under the Drugs and Cosmetics Act, 1940. During the pendency of the trial prosecution moved an application under Section 311 Cr.P.C., 1973 for summoning, Dr. Manoj Tripathi and Mr. Dinesh Taneja in place of witness no.4 and 5 respectively, mentioned in the list of witnesses. The said witnesses were sought to be summoned as it was the case of the prosecution that now Drugs Controller and Director Family Welfare were separate posts. (2 of 3 ) Due to this reason, it was necessary to examine Dr. Manoj Tripathi and Mr. Dinesh Taneja as witnesses. Dr. Manoj Tripathi is presently posted as Drugs Controller whereas, Mr. Dinesh Taneja is posted as Director Family Welfare. Section 311 Cr.P.C., 1973 reads as under:- "Power to summon material witness, or examine person present Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and reexamine any such person if his evidence appears to it to be essential to the just decision of the case.";