SACHINDRA KR BOSE Vs. STATE

JUDGEMENT

(1.) This revision petition has been filed by the petitioner who is the accused in Case No. 1 of 1974 corresponding to R.C. No. 47/72, dated September 2, 1972 under Section 5(2) read with Section 5(1) (c) and (d) of the Prevention of Corruption Act, 1947 being aggrieved by an order, dated January 31, 1986 passed by Learned 2nd Special Judge, Calcutta rejecting the petitioner's prayer for non-examination of the experts for the purpose of testifying the forging of the certain deeds which according to the petitioner, he was compelled to produce under a process issued by the Investigating Officer, during the investigation and which deeds were thus produced from him by way of testimonial compulsion and those deeds cannot, therefore, be used as evidence against him, having been produced by way of testimonial compulsion which is prohibited under Article 20(3) of the Constitution.

(2.) The facts which are relevant for disposing of the matters may be stated briefly as follows:

(3.) On September 2, 1972, Shri A. L. Chowdhury, Inspector of Police, Central Bureau of Investigation/Special Police Establishment, Calcutta had lodged a First Information Report against the petitioner, under Section 5(2) read with Sections 5(1) (c) and (d) of the Prevention of Corruption Act, 1947 and the same was registered as Crime No R.C. 47/72, dated September, 1972.