9911796707
TMI Blog2005 (9) TMI 627X X X X Extracts X X X X X X X X Extracts X X X X ..... er has challenged the order dated 16.3.2005, dismissing the application of the petitioner under Section 311, Cr.P.C., seeking recall of the panch witnesses for examination. Prosecution allegations are that on 29.1.1988, when respondent was proceeding to Hong Kong by flight No.TG 559, Indian currency, collectively valued at ₹ 16,19,781.79p., which was concealed in a systematic and intrigui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m. The application was declined vide order dated 16.3.2005, inter alia, on the ground that it was filed at a belated stage. This order is under challenge. Learned counsel for the petitioner argued that delay in moving the application under Section 311, Cr.P.C. was neither willful nor intentional; the panch witnesses could not be available earlier despite efforts; that their examination is other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... box. Hence, now it is duty of this court to summon these witnsses in the witness box to reach at the just conclusion. It is well-settled proposition of Law that court is not supposed to collect evidence on behalf of the parties. It is correct that complainant has not produced these Panch witnesses/Shri M.L. Grovr in the witness box. In these circumstances, the complainant will bear all the legal ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
