MURARILAL SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal under Section 86 of the Criminal Procedure Code (for short 'the Code') The appellant is aggrieved by the order- dated. 17/7/2009 passed by Special Judge (under the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act'), Katni in MJC No. 02/2008 rejecting application, under Section 85(3) of the Code for release of his house, bearing no. 631 and located at Gayatri Nagar, Katni and all the movable properties stored therein from attachment and restoration thereof.

(2.) THE appellant who, at the relevant point of time, was working as Constable in Excise Department at Katni, was shown as absconding in the charge-sheet submitted against co-accused Raju @ Girdharilal and Pappu @ Shivdatt on 28/6/2007 after due investigation into the case registered as Crime No. 238/2007 at Kotwali Katni in respect of the offences punishable under Section 8 read with S.20 of the Act.

(3.) AFTER his surrender, the appellant moved the application, under Section 85(3) of the Code, on 28/5/2009 for restoration of all the attached properties inter alia on the ground that the proceedings initiated for attachment and sale of his properties had already been rendered infructuous. Thereafter, on 18/6/2009, he filed a list of 10 witnesses, whom he proposed to summon to support his explanation for disobedience of proclamation but for the reasons assigned in the order passed on the same day, learned Special Judge permitted him to call only Vishwabandu Choudhary and Rakesh Mishra as witnesses. However the appellant examined himself and Vishwabandu only. Thereafter, on 13/7/2009, he submitted yet another application for setting aside the order of attachment and restoration of the attached properties.