DR. HARI SINGH GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the order dated 07.10.2010 passed by the Special Judge, Sessions Court, Prevention of Corruption Act, Kota, whereby the learned Judge has permitted the Public Prosecutor to produce secondary evidence with regard to the search warrant, the petitioner has approached this Court.

(2.) In brief, the facts of the case are that the accused petitioner is facing trial in case No.57/2002 pending before the Special Judge, Sessions Court, Prevention of Corruption Act, Kota. On 07.06.2010, during the trial, the Public prosecutor moved an application before the learned trial Court for permitting him to produce secondary evidence on record. The learned trial Court, vide order dated 07.10.2010 allowed the application dated 07.06.2010 and permitted the Public Prosecutor to produce the secondary evidence. Hence, this petition before this Court.

(3.) The learned counsel for the petitioner has contended that the report received from the Labour Court, Bharatpur was to the effect that after searching for the search warrant, the same could not be discovered. According to the learned counsel this is insufficient report as the Labour Court no where wrote that the search warrant has been destroyed or misplaced. Therefore, the learned trial Court was not justified in permitting a secondary evidence to be permitted.