Hearing the matter of Sukhpal Singh Khaira versus The State of Punjab where the trial is being held under the Narcotic Drugs and Psychotropic Substance Act, along with some other offenses Supreme said that The trial court has the power to summon additional accused when the trial proceeds in respect of the absconding accused after securing his presence, subject to the evidence recorded in the split up trial pointing to the involvement of the accused sought to be summoned.
However on the condition that the evidence recorded in the main concluded trial cannot be the basis of the summoning order if such power has not been exercised in the main trial till its conclusion
If the competent court finds evidence or if the application under Section 319 of CrPC is filed regarding the involvement of any other person in committing the offense based on evidence recorded at any stage in the trial before passing of the order on acquittal or sentence, it shall pause the trial at that very stage.
The main case may be decided by pronouncing the conviction and sentence and then proceed afresh against summoned accused.