Order 12

Order Details: COPY OF ORDER
Pdf Text: SC No. 110/21
FIR No. 252/2020
PS Spl Cell
State Vs. Paramjeet Singh & Anr.
05.07.2022
Present: Sh. Ravindra Kumar, Ld. Addl. PP for the State.
Accused Paramjeet Singh on interim bail however absent.
Accused Ashwini on bail.
Sh Sunil Mehta, Ld. counsel for accused Paramjeet Singh.
Sh Brijesh Kumar, Ld. Counsel for accused Ashwini.
An exemption application from personal appearance filed on
behalf of accused Paramjeet Singh on the ground that his wife is not well. In
view of the submissions made, personal appearance of accused Paramjeet
Singh is exempted for today only.
FSL report over voice sample not received. Director, FSL is
directed to file a report by the next date of hearing.
List this matter for filing of FSL report over voice
sample/further proceedings on 03.08.2022.
Copy of the order be sent to Director, FSL to ensure the filing
of FSL report on the said date.
(Ajay Kumar Jain)
ASJ/Spl. Judge, NDPS/N. Delhi
05.07.2022
At 2.30pm
At this stage, Ld Addl. PP submits that he has instructions from
the IO who stated that accused Paramjeet Singh is not coming for giving
voice samples, therefore, Ld. counsel for accused Paramjeet Singh is called
through mobile from naib court. Sh Sunil Mehta, Ld. counsel for accused
Paramjeet Singh appeared and submitted that he has already filed the reply
to the application of permission to take voice sample in which he has
categorically raised the objection that this court has no jurisdiction to give
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permission to take voice sample of this accused. This court has mis
appreciated the judgment of Ritesh Sinha Vs State of UP & Anr. Crl. Appeal
No. 2003/2012 dated 02.08.2019 in which Hon'ble Supreme Court of India
under article 142 of the Constitution Act specifically given power to only
judicial magistrate and not to the Spl Judge. Ld. counsel further submits
that there is no provision in CrPC for permitting the accused to give voice
samples, therefore this order cannot be acted upon because the court has no
jurisdiction however Ld Addl. PP submits that this plea has no substance as
the order has already been passed and this court has no power to review its
own order. The accused has not challenged the said order and deliberately
not coming to give voice sample before FSL.
Heard. The only objection raised by Ld counsel for accused
Paramjeet Singh that this court has no jurisdiction to permit the accused to
give voice sample because the power is only with judicial magistrate and not
with Spl Judge. This argument on the face of it has no legal force. This court
is also discharging the function of magistrate while dealing the cases under
NDPS Act and has all the powers to permit the prosecution to take voice
samples. This objection raised by the Ld counsel for accused Paramjeet
Singh is set aside. Even otherwise, this court has no power to review its own
order.
Accused Paramjeet Singh is directed to appear before FSL as
and when directed however also directed to present before this court on
each and every date of hearing.
(Ajay Kumar Jain)
ASJ/Spl. Judge, NDPS/N. Delhi
05.07.2022
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