MD.SAYEED Vs. STATE OF JHRKHAND (THROUGH CBI)

JUDGEMENT

(1.) HEARD the counsel for the petitioners and the respondents.

(2.) LEARNED senior counsel appearing for the petitioners has raised two contentions: -

(3.) FIRSTLY , of course it is true that under the Criminal Law (Amendment) Ordinance, 1944, the provision of the Order XXVII of the first Schedule to the Code of Civil Procedure, 1908 shall apply to proceedings for an order of attachment under the Ordinance as they apply to suits by the Government but this provision will not be taken to mean that the entire proceeding is civil proceeding and Code of Criminal Procedure would not be applied. As a matter of fact the name of the Ordinance itself is "Criminal Law (Amendment) Ordinance, 1944".