SANJAY BABASAHEB DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit. Heard finally with the consent of the learned counsel for the parties. This Application is filed under Section 407 read with 482 of the Code of Criminal Procedure, 1973, for transfer of the Special Case.

(2.) Learned counsel for the Applicant submitted that the Applicant was working as District Agriculture Officer at Nandurbar when chargesheet came to be filed on the basis of trap laid under the provisions of the Prevention of Corruption Act, 1988. Special Case No.21 of 2013 is pending in the Court of Special Judge, Nandurbar. Learned counsel for the Applicant submitted that the ApplicantAccused, in the course of his posting at Nandurbar, had carried out various raids and taken various actions against the dealers, distributors and shop owners. According to the learned counsel for Applicant, the Applicant has apprehension if the trial takes place at Nandurbar, such dealers, distributors and shop owners will influence the witnesses and the Applicant will not get fair trial. The learned counsel referred to copies of documents at Page Nos.17 to 112, to show how the Applicant and his team of officers had taken various actions and even there were seizures of stocks. Learned counsel submitted that the Applicant has thus apprehension that the witnesses will be influenced by the persons against whom the Applicant has taken action during his posting at Nandurbar.

(3.) It is argued that the Applicant is suffering from spondylosis and learned counsel referred to document at Exhibit C whereby the Doctor has advised the Applicant not to sit for long and travelling for the Petitioner is difficult. The learned counsel submitted that on these two grounds of apprehension and for medical reasons, the Applicant wants the Petition to be transferred from the Court at Nandurbar to the Court at Nashik.