STATE OF GOA Vs. SHARACHANDRA UPENDRA KAMAT

JUDGEMENT

(1.) THE petitioner-State of Goa challenges in this writ petition the Order dated 30th March, 1988, passed by the learned Chief Judicial Magistrate, Panaji, dismissing an application filed on behalf of the prosecution to examine one witness and to produce through the said witness an order of detention.

(2.) A criminal case has been instituted against the respondents herein for offences punishable, inter alia, under sections, 120-B, 173, 221, 222, 223, 225-A, 225-B and 465 read with section 32 of the Indian Penal Code. The main charge against the first respondent is that he had not co-operated with the Police Officers of the Gujarat Government, who had been specially deputed to Goa to execute a COFEPOSA detention order issued by the Government of Gujarat against the fifth respondent, who was, at the relevant time, in custody in the Central Jail of Aguada, where the said respondent No. 1 was functioning as Superintendent of Jail. The prosecution examined witnesses, and after closing its case, arguments were being heard. At this stage, an application was moved by the learned Special Public Prosecutor under section 311 of the Criminal Procedure Cede praying that one witness, namely, either Mr. P. M. Shah or Mr. Vasarada be allowed to be examined in order to exhibit and produce in Court the COFEPOSA detention order. The said order, it was stated, was not exhibited due to inadvertence because the prosecution thought that the existence of the said order of detention was not disputed.

(3.) THIS application was opposed by the respondent, and finally, by his impugned order dated 30th March, 1988, the learned Chief Judicial Magistrate. Panaji, dismissed it.