YUNUS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE aforesaid revisions have been filed by the applicants challenging the order passed by the Special Judge, N. D. P. S. Act, Mandsaur deciding the application of the applicants filed under Section 84 of the Code of Criminal Procedure against the non-applicant No. 2 Mohammad Shaffi, who was absconding and his properties were attached in pursuance of the provisions under Section 83 of the Code of Criminal Procedure.

(2.) THE contention of the applicants before the Court was that the attached properties were gifted to them by oral Hiba (gift ). The Trial Court has decided each and every objection separately in great detail. Before the Trial Court, non-applicant No. 2 Mohd. Shaffi was neither appeared personally nor represented by any agent or Counsel to prove that he had gifted all his properties to the applicants. For the first time he has been represented here through Mr. Saraswat, Advocate who submitted that he was authorized to appear on behalf of non-applicant No. 2 by his son in whose favour power of attorney was executed by Mohd. Shaffi long back on 30-5-89. This power of attorney is not registered power of attorney. For the first time, before this Court, Mohd. Shaffi is appearing through Mr. Saraswat and contending that he had gifted his properties to the applicants. Counsel for the applicant vehemently argued and relied on the judgment reported in AIR 1995 SC 1205, Mahboob Sahab v. Sayed Ismail. As per his contention and according to the pronouncement, in Muslim Law gift is not required to be registered under the Registration Act and the same can be done orally.

(3.) IN the present case, donor and donee both are represented and submitted that attached properties was donated by Mohd, Shaffi in favour of the applicant.