IMPORTANT POINT
Criminal Courts have wide powers to examine any foreign witness, even where it is applied belatedly, provided the evidence of such witness is necessary. If foreign witness is hesitant to come then he can be examined on commission, not withstanding that trial court had given last chance and High Court had ordered final closure (ill an interlocutory order).

JUDGMENT

M. L. Jain, J. - It is alleged that the accused Narang brothers proprietors of the Narang Overseas Pvt. Ltd. Delhi, were engaged in exporting antiquities outside India. In May, 196 5, they exported 12 cases including a rare 10th center stone sculpture of Shiva Parbati mounted on Nandi valued at several lakhs to M/s Everstt Rissiga Inc. New York. The second consignment consisting of 16 cases containing antiquities was "intercepted and seized in October, 1965 before shipment was completed. These activities relate to R. C. No. 17,66 and R. C. No. 21/66, while the present case pertains to R. C. No. 4/76, which arose like this. In 1920, two sand-stone three feet high pillars with carved human figures were struck by a farmer while ploughing a field and were removed and placed at the Suraj Kund temple in village. Amin in District Kamal of Haryana. They were being worshipped by the people and had found mention in the report of the Archeological Survey of India of 1921-22. They disappeared in 1967 on the night intervening 31st March and 1st April. A case was registered in the Police Station, Bhutana, under section 380 Indian Penal Code. The pillars were recovered on 2.5.1967 from Faridabad and were kept in the strong room of the said police station. On 6.7.1967 a team of experts from the National Museum, New Delhi, after examining the pillars, found that they were of great antiquity and value, being of Sunga period, second Century B. C. A charge-sheet was filed in the court of Shri R. K. Sen Judicial Magistrate, Kamal, against Bal Ram Sharma and others under sections 310/120-B Indian Penal Code. In February, 1968, the said Narang Brothers got scent of the value of these pillars and they devised a scheme to acquire them. Accused Ram Lal Narang accompanied by their friend Narender Nath Malik of Karol Bagh, Delhi an d Shri B. L. Nagpal, District and Sessions Judge, Delhi, went to Kamal and met Shri Rira Lal Mehra, Chief Judicial Magistrate. Kamal who though on transfer was still there busy packing during the joining time. They contacted Shri Sen through Shri Mehra and Shri Adish Kumar Jain, a Sub Judge. Prompted by a promise of a large price for the job. Malik made an application on 1.3.1968 written in his own hand and presented it in Chamber to the said R. K. Sen requesting for release of the pillars to him from the police custody on the pretext that they were required for archeological study for a temporary period. If claimed that he was an eminent archeologist, and that he was so, was certified by the said Shri Mehra. Shri Sen called a report from the police. A head constable who claimed to be the S.H.O. in the absence or his superiors, already chanced to be there and made the requisite report at the instance of

Shri Mehra that the police and the Panchayat had no objection to the request of Shri Malik. Since Shri Sen was, due to some bum injuries, unable to write, Shri Mehra wrote the order for help and Shri Sen signed it, allowing the release of the pillars from Bhutana police station to the custody of Mailk. The pillars were then brought in a truck to the Defence Colony residence of Narang brothers at Delhi and then to their factory in Kotla Mubarakapur where replicas of the original pillars were prepared with the help of well known sculptor brothers Balkishan and Natwar Lal. On 27.5.1968 one set of the replicas was delivered in the court and depose in the strong room of the Public Prosecutor, Kamal, upon the orders of Shri Sen. The case in the court of Shri Sen ended in an acquittal on 27.9.1968 and the pillars were directed to he handed over to Amin Temple. Later On Narangs got two more sets of replicas prepared on the basis of photograph and tracings which had been taken at the time of preparation or the first set of replicas. One of these two sets was intercepted in December, 1968 while being taken out or India and were suspected to be valuable antiques. The SPE launched an investigation vide RC 8/1969. On 29.2.1970 an e