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TMI Blog2016 (3) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... cant so as to enable him to defend the pending trial against him. It is clarified that before submitting the application for demanding required and necessary documents, the applicant or his counsel is permitted to inspect the documents lying in 42 gunny bags which are in the custody of respondent No.1. After the receipt of the application from the applicant, the respondent No.1 shall provide the certified copies of the documents asked for, which are lying in 42 gunny bags, to the applicant within a period of 4 weeks. It is further clarified that this order is passed in the facts and circumstances of the present case and with a view to see that the fair opportunity is provided to the applicant to defend his case before the learned Session ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 20.01.2015 passed by this Court in Special Criminal Application No.58 of 2015 and submitted that while rejecting the aforesaid petition, this Court observed in para 26 as under: [26] Now, the important aspect which is required to be noted at this stage is that the respondent No.1 has specifically stated on oath in the affidavit-in-reply submitted before this Court in para 13 on page 137 that in the event the petitioner owns up the contents of 42 gunny bags upon said Muddamal being handed over to the Income Tax Department, at the time of finalizing the assessment, the requisite documents would be supplied as per the provisions of Section 138 and analogous provisions of the Act to the petitioner. Even the learned Senior Counsel Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... documents which are required by applicant would be supplied to him on payment of requisite fees. 7. Having heard the learned counsel appearing for the parties and having gone through the material produced on record, this Court is of the opinion that once the statement, under the instruction of the officer, was made before this Court by the learned Senior Counsel appearing for the respondent No.1 and the same is also reiterated today during the course of hearing, respondent No.1 shall provide the copy of the documents lying in 42 gunny bags to the applicant on payment of requisite fees. As and when such application is given by the applicant to the respondent No.1, the respondent No.1 shall provide the certified copies of required and nec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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