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TMI Blog2012 (5) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... n can be held to be guilty of disobeying the summons, the summons must be served on him and he must have wilfully disobeyed the summons with a view to hamper the investigation or not to produce the document. possibility of the respondent being in Jail is reflected by the endorsement of the counsel, who mentions Jail No. 2 on his endorsement which prima facie can be taken to show that at the relevant time the respondent was in Jail. petition is dismissed - CRL. L.P. NO. 167 OF 2011 - - - Dated:- 20-4-2011 - V.K. SHALI, J. Rajesh Manchanda for the Appellant. ORDER 1. This is a leave to appeal under section 378 sub-clause (4) Cr. P.C. against the order of acquittal dated 13-10-2010 passed by the learned ACMM-01, New Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Secretariat, Raj Niwas, DW-2/Sh. A.K. Roy, Assistant Manager Hindustan Times, DW-3/Sh. Har Prashad, Jail Supdt., DW-4/Sh. B.C. Tiwari, Ahalmad in the Court of Sh. B.S. Mathur, the then Special Judge, CBI, DW-5/Sh. K.C. Abraham, Enforcement Officer, DW-6/Sh. J.P. Singh, Enforcement Officer, DW-6/Sh. Rakesh Paliwal, Additional Director, DW-7/Mr. Roshan Lal Hathwal, Sr. S.S.O Central Telegraph Officer. 4. After hearing the arguments, the learned ACMM acquitted the respondent of the offence under section 56 of the Act on the ground that the respondent could not be expected to appear at 9.00 P.M. in the Enforcement Directorate when the summons itself were served on him at 8.35 P.M. near the Central Jail when he had been released after about ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce document. 7. Relevant portion under section 40 sub-clauses (1) and (3) reads as under: "40. Power to summon person to give evidence and produce documents. (1) Any gazette officer of Enforcement shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document during the course of any investigation or proceeding under this Act. (2) ............. (3) All persons so summoned shall be bound to attend either in person or by authorized agents, as such officer may direct; and all persons so summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements and produce such documents as may be required; Provided that the exem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hamper the investigation or not to produce the document. In the instant case, admittedly the summons were not served on the respondent himself which I feel was the first infirmity in the entire process. If the service of summons on the counsel is treated as service of the summons on the respondent even then the learned ACMM has rightly observed that the summons required the respondent to appear at 9.00 P.M. while as the same was served on the counsel at 8.35 P.M., when the respondent was still in Jail or was about to be released. The possibility of the respondent being in Jail is reflected by the endorsement of the counsel, who mentions Jail No. 2 on his endorsement which prima facie can be taken to show that at the relevant time the res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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