Case title:
Sukhpal Singh Khaira Vs. State of Punjab
Date of Order:
5th December 2022
Bench:
Justices Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna
Parties:
Petitioner- Sukhpal Singh Khaira
Respondent- State of Punjab
SUBJECT
On Monday, the Supreme Court's Constitution Bench issued its ruling in response to a question regarding the scope of the trial court's summoning authority under Section 319 of the Code of Criminal Procedure.
IMPORTANT PROVISIONS
Section 319 of the Code of Criminal Procedure-
- Additional prosecution is the focus of the Section. The court is required to include any such defendant against whom substantial evidence has been provided in the trial of the accused.
- Such a person becomes an accused on the date that the court's order is issued if adequate evidence has been shown against them and the court is satisfied with their involvement in the case.
- The magistrate has the authority to add any such person against whom prima facie evidence has been presented at any point in the investigation or prosecution.
- After the inquiry is complete, even if the complaint has been dismissed pursuant to Section 203 CrPC, the court may nonetheless begin the procedures pursuant to Section 319.
BRIEF FACTS
An FIR was registered in the Police Station of Sadar, Jalabad against 11 accused under Sections 21,24,25,27,28,29, and 30 of the NDPS Act and various other provisions of the law. The matter escalated from the Session sCourt to the High Court and was further heard by division bench of the Supreme Court. Finally the matter was heard by Supreme Court's Constitutional Bench.
ISSUES RAISED
The following issues were addressed by the court-
- When the trial involving the other co-accused has concluded and the judgement of conviction has been issued on the same date as the summoning order, does the trial court have the authority under Section 319 of the CrPC to summon additional accused?
- If the trial for one or more other absconding accused has been split off from the main trial and is ongoing or pending, does the trial court have the authority under Section 319 of the CrPC to summon additional accused?
- What rules must the competent court abide by when exercising its authority under Section 319 of the Criminal Procedure Code?
ANALYSIS BY THE COURT
- According to the judgment written by Justice AS Bopanna, the authority granted by Section 319 must be used before the trial is over. When the verdict is announced, the trial is concluded.
- When the acquittal order is issued, the trial will have concluded in terms of an acquittal judgement. In contrast, in a conviction case, the trial is said to be over when the sentence is given, not when the conviction order is given.
- In light of this, the Court may summon the accused under Section 319 of the CrPC if it determines from the evidence presented during the course of the trial that another person is involved by issuing an order to that effect before the sentence is given and the judgement is final in all respects, concluding the trial. The need of sub-section (4) of Section 319 of CrPC must also be considered when coming to this judgement.
CONCLUSION
The court ordered the Registry to get directions from the Hon. Chief Justice and present to the appropriate Bench the facts of the case in the context of the legal position and contentions on merits.
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