M GURUDOSS Vs. RAMNATH GOENKA

JUDGEMENT

(1.) THE order passed in Crl. M. P. No. 197 of 1997 in E. O. C. C. No. 341 of 1989 on the file of the Additional Chief Metropolitan Magistrate, Economic Offences No. 1 Egmore, Chennai is under challenge before this Court.

(2.) THE grievance of the revision petitioner, who is cited as witness No. 2 in E. O. C. C. No 341 of 1989 is that in a similar case in C. C. No. 766 of 1987 filed by Directorate of Revenue Intelligence for an offence under Section 120 (B) of IPC and Section 132, Section 135 (1) (a) and 135 (1) (b) of the Customs Act, wherein he has been arrayed as A15 and that if he is allowed to depose as a witness in E. O. C. C. No. 341 of 1989 which has been filed by Deputy Chief Controller of Imports and Exports for an offence under Section 120 (B) of IPC and under Sections 5 and 6 of the Imports and Exports (Control) Act wherein he has cited as prosecution witness. According to the revision petitioner, if he deposes as a witness in E. O. C. C. No. 341 of 1989 that will affect his case in C. C. No. 766 of 1987 wherein he is arrayed as an accused.

(3.) MR. V. GOBINATH,the learned Senior counsel appearing for the revision petitioner would contend that if the revision petitioner is allowed to depose as a witness in E. O. C. C. No. 341 of 1989 that will in a way contrary to the provision contemplated under Article 20 (3) of the Constitution of India.