SOHAN LAL Vs. CENTRAL NARCOTICS BUREAU

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant misc. petition has been preferred by the petitioner challenging the order dated 6.3.2012 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Bhilwara in Criminal Revision No.9/2011 whereby he has affirmed the order dated 13.7.2011 passed by the learned Chief Judicial Magistrate, Bhilwara in Criminal Case No.214/2008 rejecting the prayer of the petitioner to have exhibited the sale deed in the proceedings under Sections 83 and 84 Crimial P.C. pending in the Court of Chief Judicial Magistrate, Bhilwara.

(3.) Succinctly stated the facts of the case are that the proceedings under Sections 83 and 84 Crimial P.C. are going on in relation to abscondance of the accused Om Prakash Choudhary in the Court of Chief Judicial Magistrate, Bhilwara on the basis of the application of Central Narcotics Bureau (CBN). The prayer made in the application is that certain properties of Om Prakash Choudhary should be forfeited. The petitioner appeared before the learned Chief Judicial Magistrate, Bhilwara and submitted an objection claiming therein that he had purchased the property in question from Om Prakash Choudhary by an agreement and as such, the agreement should be permitted to be exhibited in the proceedings. The CBN objected to the said prayer and submitted that the unregistered document should not be permitted to be admitted in evidence. The learned Chief Judicial Magistrate upheld the objection made by the CBN and rejected the petitioner's prayer to mark the document as exhibit by order dated 13.7.2011. The petitioner challenged the order dated 13.7.2011 by filing a revision and the revisional court too has affirmed the order passed by the learned Magistrate by its order dated 6.3.2012. Accordingly, the petitioner has preferred the instant misc. petition challenging the aforesaid orders and seeking a direction that the petitioner be permitted to have the document marked as exhibit.