Code of Criminal Procedure, 1973–Sec. 311 [Corresponding Sec. 348 of BNSS, 2023]–Order of allowing the application–Under challenge–Both the witnesses i.e., the Seizure Officer and the Judicial Magistrate who prepared the inventory have been passed away–Their deaths are supervening circumstances beyond the control of the prosecution–The witnesses sought to be summoned were admittedly associated with them and are competent to depose regarding those foundational aspects–In an NDPS prosecution, prooof of seizure and the inventory are not mere formalities, they constitute the core of prosecution’s case–The contention that the application aims to fill lacunae is without merit–No perversity or illegality is found in the impugned order.
