UKHC010128272026 2026:UHC:6479 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1589/2026 Surinder Kumar --Applicant Versus State Of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J. 1. Mr. Gaurav Nagpal and Mr. Amit Tyagi, learned counsel for the applicant. 2. Mr. Himanshu Sain and Mrs. Meenakshi Sharma, learned A.G.A. for the State. 3. The instant petition is moved under section 528 of BNSS, 2023, by the present applicant ‘Surinder Kumar’ S/o Shri Dev Kumar, who is facing the trial for the offence punishable under section 8/21 of NDPS Act. 4. It is contended by the learned counsel for the applicant that an application was moved under section 311 of Cr.P.C. for seeking time to adduce the defence evidence and the same was allowed on 28.02.2026 and the matter was fixed on 16.03.2026 but on that day the P.O. was on training and he could not produce his evidence and thereafter the matter was listed on 16.04.2026 and on that day the opportunity to adduce the defence evidence is closed. 5. Learned Special Judge, NDPS, rejected this application by observing that the applicant is seeking repeated adjournment since after 16.04.2026 twice the matter was listed i.e on 08.05.2026 and 25.05.2026 and on both date she sought an adjournment and then again he has moved an application under section 311 of Cr.P.C. on 12.06.2026 by giving justification that he could not adduce defence evidence since his advocate was busy in some other work. 6. I peruse the order and this court is of the view that for substantial justice one single and last UKHC010128272026 2026:UHC:6479 opportunity should be given to the applicant to adduce defence evidence with a rider that if the applicant failed to adduce defence evidence on the date fixed then the Trial Court will proceed with the trial. 7. In such a peculiar facts and circumstances of the case, the instant petition is disposed of finally and the present applicant is permitted to adduce his evidence on the next date fixed before the Trial Court and adduce his evidence. 8. It is made clear that if the applicant failed to adduce defence evidence on the next date fixed no further opportunity shall be given and the Trial Court will proceed in accordance with law. 9. Subject to the observation and direction as above, the order passed by the learned Special Judge, NDPS Act, Dehradun, dated 04.07.2026 is set aside. (Rakesh Thapliyal, J.) 28.07.2026 PR