KALEMA TUMBA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner, a foreign national by name Kalema Tumba was convicted in Special Case No. 84 of 1991 as per the order of conviction and sentence dated 28/6/1994 and on completion of the sentence he has been released on 3/12/2001. While in Jail he had addressed a letter dated 17/11/1999 and complained that while he was taken in arrest for the first time he had handed over 30 gms. of solid gold 24 caret and platinum necklace to his lawyer Mr. Anand M. Sachwani and that this court should pass an order against the same learned Advocate to hand over the same articles to the petitioner immediately after his release. This court had, therefore, taken up the issue with the Central Prison at Nasik and it is now reported that the petitioner has already been released on 3/12/2001. The notice issued by this court as per the order dated 21/3/2000 has been recently served on Shri Sachwani but he has not caused his appearance so as to contest the application or assist this court in placing on record regarding the veracity of the claim made by the petitioner. The application is registered as writ petition and unless the Advocate concerned appears and file reply, it would not be safe to dispose off the petition.

(2.) MR . Shitole the learned APP states that Mr.Sachwani is a practitioner before the Sessions Court, Greater Bombay and it is, therefore, directed that the Registrar (Judicial) to inform this order to the Registrar, City Civil Court, Gr. Bombay forthwith so as to communicate the same to Shri Sachwani and enabling him to cause his appearance on the next date.