STATE OF GUJARAT Vs. MOHANBHAI JIVABHAI AYAR

JUDGEMENT

(1.) Learned A.P.P. Mr. A. J. Desai appears for applicant in all the matters and Mr. K. B. Anandjiwala, learned Sr. Counsel appears on behalf of respondents in all the matters.

(2.) The applicant-State of Gujarat has moved above referred to applications in respect of all the matters with a prayer to condone the delay in presenting revision applications in respect to each of the said proceedings. That the question of law and facts being common in all the matters with the consent of learned Advocates appearing on behalf of the parties all the applications are heard together as group matters and are being disposed by this common judgment.

(3.) The applicant-State has prayed that in the Court of learned Spl. Judge, Junagadh the applications were filed on behalf of respondents of above stated matters with a prayer that the practice adopted by the investigating officer under Prevention of Corruption Act, 1988, arresting the persons simultaneously with registering offences after completion of trap and then producing them before the Spl. Court without waiting for due sanction as required under the law is improper, unjust, illegal and as such results into undue harrasment to the accused for remaining in the custody. The Court can take cognizance of the offence from the papers and the accused could be arrested while filing the charge-sheet. The said applications were heard as group matters and the learned Spl. Judge has decided the same by common order, dated 9-5-1997.