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2012 Supreme(Raj) 2068

SANDEEP MEHTA
Sohan Lal – Appellant
Versus
Central Narcotics Bureau – Respondent


Advocates:
For the Petitioner:Mahesh Bora, Sr. Advocate a/w Arun Kumar, Advocate.
For the Respondent: N.K. Rail, Spl. Public Prosecutor.

JUDGMENT

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 Cr.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 Cr.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 agreem










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