LAXMI NARAYAN AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the Court Heard the parties and perused the counter-affidavit. The petitioner has grievance in respect of part of order dated 5.41999, Annexure-5, whereby his prayer for dropping the case was rejected. The aforesaid prayer was made on the basis of order dated 30.11.1998, passed by Collector, West Singhbhum, Chaibasa, whereby Confiscation case No. 14 of 1991-92 was dropped. The learned Special Judge, in my view was rightly of the opinion that this case has to be decided on the basic of evidence appearing before this Court and on the basis of evidence brought on record. However, the petitioner was at liberty to raise all such points which he had taken in confiscation proceeding, before the trial Court, at the time of final hearing of the case.

(2.) It appears that certainly prejudice is to be caused to the petitioner, if in terms of the earlier order de novo trial is held.

(3.) In such circumstance, the Special Judge, E.C. Act, Chaibasa is directed to proceed with the case with the evidence recorded by Sri Alam, the then Special Judge, E.C. Act and dispose of the proceeding after hearing the parties in accordance with law, if possible, within two months from the date of receipt/production of a copy of this order. This writ application is disposed of.