Karnataka High Court
Johann Tuchler vs Superintentdent Of Customs on 23 May, 2012
Author: N.Ananda
Bench: N. Ananda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 23RD DAY OF MAY 2012
BEFORE
THE HON'BLE MR.JUSTICE N. ANANDA
CRIMINAL PETITION No.1929/2012
BETWEEN:
Johann Tuchier
Sb Hens Tuchier
Peckchan House, Boarang
Near Pekchon University
Pnompenh, Cambodia ... Petitioner
(By Sri Kiran V.R., Advocate)
AND:
Superintendent of Customs
AIR Intelligence Unit
Bangalore International Airport
Bangalore
(Rep. by Spi. P.P. learned Senior
Counsel Sri Urval Ramanand). ... Respondent
This petition is filed under section 482 Cr.P.C., praying
to quash the order dated 10.11.2011 and charge framed
dated 24.11.2011 and direct the Sessions Judge, Spl. Court
for NDPS to club this case with the other two cases i.e.
SpLC.C.Nos.136/2010 and 137/20 10 and conduct the trial
jointly and dispose off the case expeditiously.
This petition coming on for orders this day, the Court
made the following:
2
ORDER
This petition is filed against the order made in Spi. C. C. No. 135 / 2010, rejecting the application of petitioner to jointly frame charges in Spl.C.C.No.135/2010, Spl.C.C.No.136/2010 and 137/2010.
2. The learned trial judge on consideration of entire records has held that offences alleged against accused in the aforestated cases are distinct. It is also seen from the records that prosecution has not invoked Section 34 or 120-B LP.C.
3. The learned Special Judge has held that evidence in each case would be recorded one after the other as witnesses are common and all the three cases would be decided on the same day by separate judgments.
4. I do not find any infirmity in the impugned order. Therefore, the petition is dismissed.
JUDGE Np!-