2008 (2) TMI 389

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..... dence has come, prosecution cannot be precluded to improve its case – U/S 9(c) of CEA, mental state on the part of the accused is to be presumed and there shall be a defence known to each accused to prove that there was no such mental state – petition dismissed - 268 of 1997 - - - Dated:- 1-2-2008 - Kanwaljit Singh Ahluwalia, J. S/Shri Baldev Singh, Senior Advocate with Arshvinder Singh, Ad .....

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..... aldev Singh, learned Senior Advocate, appearing for the petitioner has stated that there is no evidence or allegation to show that the petitioner, in his capacity as Director, has acted in any manner, which will attract penal provision calling for his trial. At the outset, the submissions of learned counsel may look attractive. In the Indian Penal Code except for Sections 34 and 149, which provide .....

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..... t matter of evidence, which is to be led. Simply because at the pre-charge stage, no evidence has come, prosecution cannot be precluded to improve its case. True that any improvement is subject matter of appreciation and the Court at the final stage may accept or condemn any improvement, if so come in the evidence. 5. Taking the totality of the circumstances, this Court cannot come to the resc .....

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