NARAYAN NAYAK Vs. STATE OF ORISSA (VIG.)

JUDGEMENT

(1.) Heard Mr. Bijoy Kumar Behura, learned Senior Counsel appearing for the appellants and Mr. Sanjay Kumar Das, learned Standing Counsel for the Vigilance Department.

(2.) This appeal under section 17 of the Orissa Special Courts Act, 2006 has been filed by the appellants challenging the impugned order dated 30.03.2017 passed by the learned Authorised Officer, Special Court, Bhubaneswar in Confiscation Case No. 05 of 2011 whereby the petition filed by the appellants to recall the Investigating Officer (P.W.1) for further cross examination and to defer the evidence of the appellants till the closure of further cross-examination of P.W.1, was rejected.

(3.) Mr. Behura, learned Senior Counsel contended that even though the cross-examination of P.W.1 was not over, the learned Authorised Officer abruptly closed the cross examination of P.W.1 without the consent of the learned counsel appearing for the appellants and also closed the evidence from the side of State-Applicant and therefore, the valuable right of cross-examination has been frustrated and since it is disproportionate assets case, if sufficient opportunity is not given to the appellants, they will suffer serious prejudice.