TARACHAND PATIDAR Vs. SPECIAL POLICE ESTABLISHMENT LOKAYUKT

JUDGEMENT

(1.) Heard on Doc. No.4584/2017 and documents filed along with the same are taken on record.

(2.) This criminal appeal has been filed for quashment of the order dated 29/11/2017 passed by the 7th Additional Session Judge, Indore (authorized officer under M.P Vishesh Nayalaya Adhiniyam, 2012), whereby the application filed by the applicant under Rule 10(7) of M.P Vishesh Nayalaya Adhiniyam, 2012 has been rejected.

(3.) It is submitted that on behalf of the applicant valuation of the seized and proposed confiscated property was disputed in his reply and prayer was made to the learned trial court to take steps for assessment of the value of the property in accordance with the provision of Rule 10(7) of Adhiniyam, 2012 but the learned trial court disposed of the application directing that if at the time of the final argument of the case if it appears that assistance of other competent person with regard to the valuation of the property is required necessary order will be passed. The aforesaid order is contrary to the provision of Adhiniyam 2012 and is against the principle of natural justice. In this case no final argument can be heard without taking steps under Rule 10(7) of Adhiniyam, 2012. Hence, the impugned order be set aside as it will cause injustice to the applicant.