T THOMAS Vs. STATE

JUDGEMENT

(1.) By means of this judgment, five petitions [Crl. Misc. (Main) 65/76, Crl. Misc. (Main) 210/77, Crl. Misc. (Main) 217177, Crl. Misc. (Main) 255177 .and Crl. Misc. (Main) 257177] are being decided. They arise out of the same criminal proceedings pending in the court of' a Metropolitan Magistrate.

(2.) The questions for determination are as under

(3.) For deciding the aforesaid questions it is necessary to know the version of the prosecution which is as under. Shri S. B. Lodha, Junior Research Assistant of the Forward Markets Commission, Bombay constituted under the Forward Contracts (Regulation) Act, 1952 (hereinafter referred to as the Act), sent a confidential information to the Superintendent of Police. Crime and Railways, Delhi to the effect that Shri H. C. Pawa of Mis. Pawa Brokers Pvt. Ltd. had been indulging in illegal forward contracts relating to ground nut oil, mustard seed oil etc. as well as 'Option' in goods (within the meaning of section 2(g) of the Act at his residence located at 407, Greater Kailash, New Delhi, that thus he was committing a congnizable offence punishable under sections 20 and 21 of the Act and that, therefore, necessary action in accordance with law be taken. That complaint was dated July 16, 1973. On that very day premises of Shri H. C. Pawa, S-407, Greater Kailash-I, New Delhi were searched but nothing incriminating was recovered. Thereafter premises No. 648. Kailash Bhawan. Delhi of M!s. Pawa Brokers Pvt. Ltd. was also searched from where two sauda books (books relating to contract), two files and one rent receipt suspected to contain incriminating entries were recovered. Those documents were sent to Forward Market Commission, Bombay (hereinafter referred to as the Commission) for scrutiny and report. A scrutiny report from Bombay was received which revealed that M/s. Pawa Brokers Pvt. Ltd. Delhi had been instrumental in the following forward contracts effected :