AMARESH KU JAYASWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Miss Tejasmita Mohapatra, learned counsel for the appellant and Mr. Sanjay Kumar Das, learned Standing Counsel for the Vigilance Department.

(2.) The appellant Amaresh Kumar Jayaswal has filed this appeal under section 17 of the Orissa Special Courts Act, 2006 to set aside the impugned order dated 28.06.2017 passed by the learned Authorised Officer, Special Court, Cuttack in Confiscation Case No.08 of 2012 in rejecting the petition dated 05.06.2017 filed by the appellant with a prayer for the production of National Sample Survey Organization report from the year 1987-88 to 2002 from the Directorate of Statistics for the purpose of further cross examination of P.W.1.

(3.) The learned Authorized Officer rejected the petition mainly on the ground that the prosecution cannot be compelled to produce documents as a party cannot compel another party to produce documents and therefore, it is not desirable to direct the prosecuting agency for production of voluminous documents such as the reports prepared by the National Sample Survey Organization for the period from 1987-88 to 2002. It is further observed in the impugned order that the learned counsel for the delinquents has already cross examined touching all aspects with regard to per capita consumer expenditure of the delinquent and his family members for the relevant time.