UDAY MOHANLAL ACHARYA Vs. STATE OF MAHARASHTRA
LAWS(SC)-2001-3-40
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on March 29,2001

UDAY MOHANLAL ACHARYA Appellant
VERSUS
STATE OF MAHARASHTRA Respondents





Cited Judgements :-

ACHPAL @ RAMSWAROOP & ANOTHER VS. STATE OF RAJASTHAN [LAWS(SC)-2018-9-67] [REFERRED TO]
BIKRAMJIT SINGH VS. STATE OF PUNJAB [LAWS(SC)-2020-10-22] [REFERRED TO]
ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA VS. KAPIL WADHAWAN [LAWS(SC)-2023-3-143] [REFERRED TO]
PREMCHANDRA PRASAD VS. STATE OF BIHAR [LAWS(PAT)-2019-9-37] [REFERRED TO]
VIVEK SAO @ VIKKY SAO VS. STATE OF JHARKHAND [LAWS(JHAR)-2008-8-21] [REFERRED TO]
ANJAY SINGH VS. STATE OF M P [LAWS(MPH)-2008-11-13] [REFERRED TO]
VINAY KUMAR KOHLI VS. UNION OF INDIA [LAWS(MPH)-2002-1-1] [REFERRED TO]
RAKESH SWAIN VS. STATE OF ORISSA [LAWS(ORI)-2004-12-9] [REFERRED TO]
A.Sanyasi Rao VS. State of Orissa [LAWS(ORI)-2010-4-34] [REFERRED TO]
SALEEM VS. STATE OF HARYANA [LAWS(P&H)-2021-3-173] [REFERRED TO]
GURMEJ SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2021-8-66] [REFERRED TO]
SATYANARAYAN SINGH VS. STATE OF BIHAR [LAWS(PAT)-2004-7-11] [REFERRED TO]
JUSTIN T.J VS. STATE OF KERALA [LAWS(KER)-2023-6-186] [REFERRED TO]
JALEEL VS. STATE OF KERALA [LAWS(KER)-2024-10-46] [REFERRED TO]
RAFEEK C. VS. STATE OF KERALA [LAWS(KER)-2024-9-14] [REFERRED TO]
C.A.ABRAHAM VS. STATE OF KERALA [LAWS(KER)-2024-8-36] [REFERRED TO]
PANKAJ VS. STATE [LAWS(RAJ)-2020-5-2] [REFERRED TO]
SUSHILA DEVI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2007-3-28] [REFERRED TO]
RAMBEER SHOKEEN VS. STATE OF NCT OF DELHI [LAWS(DLH)-2017-5-268] [REFERRED TO]
DARSHAN SUBHASH NANDAGAWALI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-6-1147] [REFERRED TO]
SAINATH BAPU SALGAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-8-4] [REFERRED TO]
SHARMISTHA CHOWDHURY VS. STATE OF WEST BENGAL [LAWS(CAL)-2017-7-50] [REFERRED TO]
NARESH SHARMA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-2-66] [REFERRED TO]
DHARAMVIR SINGH ALIAS DEEPAK VS. STATE(NCT OF DELHI [LAWS(DLH)-2011-8-148] [REFERRED TO]
GOUSEMOHIDDIN MARADANSAB MASANAKATTI VS. STATE OF KARNATAKA [LAWS(KAR)-2003-11-4] [REFERRED TO]
RAJ SINGH @ BABBU VS. STATE OF PUNJAB [LAWS(P&H)-2013-7-243] [REFERRED TO]
UMADEVI VS. STATE [LAWS(MAD)-2019-2-580] [REFERRED TO]
DATTATRAYA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-11-275] [REFERRED TO]
UNITED PHOSPHOROUS LTD VS. DALPATBHAI FATESINGH PATEL [LAWS(GJH)-2011-8-253] [REFERRED TO]
TONYA ORI VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2010-2-10] [REFERRED TO]
RAHUL KUMAR MISHRA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-6-47] [REFERRED TO]
SUKHRAI DEBBARMA VS. SUPERINTENDENT OF CENTRAL BUREAU OF INVESTIGATION (CBI) [LAWS(TRIP)-2018-12-6] [REFERRED TO]
UNION OF INDIA VS. NIRALA YADAV @ RAJA RAM YADAV @ DEEPAK YADAV [LAWS(SC)-2014-6-25] [REFERRED TO]
NARENDRA KUMAR AMIN VS. CBI [LAWS(SC)-2015-1-40] [REFERRED]
PRAGYNA SINGH THAKUR VS. STATE OF MAHARASHTRA [LAWS(SC)-2011-9-174] [REFERRED TO]
CHATAR SINGH VS. STATE OF UTTARAKHAND AND ANOTHER [LAWS(UTN)-2013-9-66] [REFERRED]
RAMBEER SHOKEEN VS. STATE OF NCT OF DELHI [LAWS(SC)-2018-1-47] [REFERRED TO]
SUSHILA AGGARWAL VS. STATE [LAWS(SC)-2020-1-88] [REFERRED TO]
M. RAVINDRAN VS. INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE [LAWS(SC)-2020-10-37] [REFERRED TO]
JITENDRA VS. STATE OF M.P. [LAWS(MPH)-2019-8-72] [REFERRED TO]
RAHUL PAREEK VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2016-5-122] [REFERRED TO]
AAKIF ATEEQUE NACHAN VS. N.I.A., NEW DELHI [LAWS(RAJ)-2023-1-140] [REFERRED TO]
LAKHAN TOMER VS. STATE OF U P [LAWS(ALL)-2007-9-44] [REFERRED TO]
ANWAR ALI VS. STATE OF U.P. [LAWS(ALL)-2022-7-45] [REFERRED TO]
DARSHAN SUBHASH NANDAGAWALI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-6-125] [REFERRED TO]
CHANDRA PAL VS. STATE OF U P [LAWS(ALL)-2011-1-8] [REFERRED TO]
ASHADULLAH BISWAS @ ASADULLAH BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2018-1-135] [REFERRED TO]
EMADUL GAZI VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-2-21] [REFERRED TO]
FELIX OHIMAIN EVBOROKHAI VS. STATE OF GOA [LAWS(BOM)-2012-3-269] [REFERRED TO]
SALMAN @ BABA S/O HARUN KHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-2-284] [REFERRED TO]
SALMAN @ BABA S/O HARUN KHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-2-284] [REFERRED TO]
BANDHU S O BHIMRAO BANSOD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-6-23] [REFERRED TO]
RATAN LAL RAJAK VS. STATE OF CHHATTISGARH [LAWS(CHH)-2014-12-37] [REFERRED TO]
Anil Somdatta Nagpal VS. State of Maharashtra [LAWS(BOM)-2005-12-93] [REFERRED TO]
RAJUBHAI JACOB MATHEW PINTO VS. STATE OF MAHARASHTRA [LAWS(BOM)-2004-11-9] [REFERRED TO]
ANANDA KUMR BIDARKAR, S/O. ARUN KUMR BIDARKAR VS. THE STATE OF TELANGANA [LAWS(APH)-2018-1-62] [REFERRED TO]
BOBBA VENKAT REDDY VS. SENIOR INTELLIGENCE OFFICER [LAWS(APH)-2018-6-100] [REFERRED TO]
MAHESH VS. STATE OF M P [LAWS(MPH)-2008-1-89] [REFERRED TO]
GANESH PRASAD VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2001-5-20] [REFERRED]
KALJEET ALIAS KALJEET GANJHU VS. STATE OF JHARKHAND [LAWS(JHAR)-2011-4-12] [REFERRED TO]
X VS. STATE OF KERALA [LAWS(KER)-2020-9-5] [REFERRED TO]
SHINU N K VS. SUB INSPECTOR OF POLICE [LAWS(KER)-2013-2-103] [REFERRED TO]
ALLABAKSH S/O MOHAMMED HANEEF TALIKOTI AGE: 26 YEARS, OCC: AGRICULTURE R/O TOLADINNI, TQ SHORAPUR, DIST. YADGIR VS. THE STATE OF KARNATAKA THROUGH KODEKAL POLICE STATION REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH [LAWS(KAR)-2016-12-31] [REFERRED TO]
BABUBHAI BHIMJIBHAI KACHADIYA VS. STATE OF GUJARAT [LAWS(GJH)-2001-5-13] [REFERRED]
INSPECTOR OF CUSTOMS HQRS VS. BETRAND TOCHUKWU IKWUKA HOLDER OF PASSPORT [LAWS(KAR)-2010-11-15] [REFERRED TO]
S. SENTHIL VS. STATE [LAWS(MAD)-2022-10-119] [REFERRED TO]
SULEMAN VS. STATE [LAWS(DLH)-2022-8-63] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGTATION VS. KAPIL WADHAWAN [LAWS(DLH)-2023-5-186] [REFERRED TO]
RASHIDUL HAQUE VS. STATE OF KERALA [LAWS(KER)-2024-8-17] [REFERRED TO]
ARSHOM VS. STATE OF KERALA [LAWS(KER)-2022-7-230] [REFERRED TO]
BALBIR SINGH @ RANA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-8-10] [REFERRED TO]
SUNIL SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2006-10-6] [REFERRED TO]
RAJ KUMAR AGGARWAL VS. DIRECTOR GENERAL, CENTRAL EXCISE [LAWS(DLH)-2008-1-178] [REFERRED TO]
KAMAL NARAYAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2010-10-12] [REFERRED TO]
MOHAMMAD ALLIMUDDIN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-10-42] [REFERRED TO]
RAJUBAI BHALUBHAI BHARVAD VS. STATE OF GUJARAT [LAWS(GJH)-2019-3-13] [REFERRED TO]
SANJAY BHATIA VS. STATE [LAWS(DLH)-2014-3-167] [REFERRED TO]
RISHIKESH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-1-83] [REFERRED TO]
SIRAJ VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-5-72] [REFERRED TO]
SUDHANSHU RAMESH CHANDRA BHAT VS. UNION OF INDIA [LAWS(ALL)-2016-9-418] [REFERRED TO]
HARENDRA VS. STATE OF U.P. [LAWS(ALL)-2020-7-23] [REFERRED TO]
CHHOTU VS. STATE OF U.P. [LAWS(ALL)-2020-12-23] [REFERRED TO]
SUKHAI VS. STATE OF U P [LAWS(ALL)-2011-9-57] [REFERRED TO]
PANKAJ KUMAR YADAV VS. STATE OF U.P. [LAWS(ALL)-2022-7-49] [REFERRED TO]
SADDAM SK. VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-5-20] [REFERRED TO]
TASHA ALIAS TAHSEEN VS. STATE OF U P [LAWS(ALL)-2008-12-3] [REFERRED TO]
MOMIN MOIUDDIN GULAM HASAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-7-60] [REFERRED TO]
INSPECTOR OF CUSTOMS PREVENTIVE UNIT VS. BETRAND TOCHUKWA IKWUKA [LAWS(KAR)-2010-1-36] [REFERRED TO]
Gousemohiddin VS. State by Hangal Police [LAWS(KAR)-2003-11-77] [REFERRED TO]
KANNAN VS. STATE [LAWS(MAD)-2022-8-163] [REFERRED TO]
GURVEER SINGH ALIAS GARRY VS. STATE OF PUNJAB [LAWS(P&H)-2012-5-78] [REFERRED TO]
SATNAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2013-2-14] [REFERRED TO]
HRISHIKESH DEVDIKAR VS. STATE OF KARNATAKA [LAWS(KAR)-2022-10-40] [REFERRED TO]
SAMEER VS. STATE OF KERALA [LAWS(KER)-2022-11-56] [REFERRED TO]
PALA VENKATESWAR RAO ALIAS KALYAN ALIAS VENKATESWARRAO VS. STATE OF A P [LAWS(APH)-2009-9-36] [REFERRED TO]
STATE OF H P VS. KANTI GROVER [LAWS(HPH)-2002-7-9] [REFERRED TO]
NARENDRA K AMIN VS. CENTRAL BUREAU OF INVESTIGATION AND ORS [LAWS(GJH)-2013-8-243] [REFERRED TO]
SINGAMALA SANKARA NATH ALIAS NATH VS. STATE OF A P [LAWS(APH)-2006-11-48] [REFERRED TO]
JALIL ANSARI VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2015-12-109] [REFERRED TO]
KARSHANBHAI KAMABHAI HARIJAN VS. STATE OF GUJARAT [LAWS(GJH)-2009-6-176] [REFERRED TO]
SUCHIT ARUNKUMAR RAHULKAR. VS. STATE OF MAHARASHTRA. [LAWS(BOM)-2020-7-22] [REFERRED TO]
NARESH RAM VS. STATE OF BIHAR [LAWS(PAT)-2008-6-77] [REFERRED TO]
DINESH YADAV VS. STATE [LAWS(PAT)-2001-7-4] [REFERRED TO]
MASTER BHOLU THROUGH HIS FATHER AND NATURAL GUARDIAN VINOD KUMAR VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(P&H)-2018-6-22] [REFERRED TO]
SANOOP VS. STATE OF KERALA [LAWS(KER)-2024-2-80] [REFERRED TO]
XXXXXXXXX VS. STATE OF KERALA [LAWS(KER)-2024-3-80] [REFERRED TO]
SIRAJUDHEEN M.A. VS. STATE OF KERALA [LAWS(KER)-2024-6-124] [REFERRED TO]
MOHAMMED SAHAL VS. STATE OF KERALA [LAWS(KER)-2024-6-89] [REFERRED TO]
GURVINDER SINGH @ MANNU VS. STATE OF PUNJAB [LAWS(P&H)-2013-7-257] [REFERRED TO]
VARINDER SINGH SANDHU VS. STATE OF PUNJAB [LAWS(P&H)-2015-11-332] [REFERRED TO]
RASHPAL SINGH @ PALA VS. STATE OF PUNJAB [LAWS(P&H)-2014-9-367] [REFERRED]
JATINDER KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2013-8-786] [REFERRED TO]
SAYED MOHD. AHMED KAZMI VS. STATE, GNCTD [LAWS(SC)-2012-10-54] [REFERRED TO]
HARICHARAN BISWAS VS. STATE OF TRIPURA [LAWS(TRIP)-2019-3-72] [REFERRED TO]
HIRA LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-2-35] [REFERRED TO]
N. VAIDYANATHAN VS. STATE [LAWS(MAD)-2015-2-191] [REFERRED TO]
JABALPUR BUS OPERATORS ASSOCIATION VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-12-33] [REFERRED TO]
Ajay Singh VS. Surendra [LAWS(MPH)-2005-2-159] [REFERRED TO]
SUNIL VS. STATE OF M P [LAWS(MPH)-2011-12-9] [REFERRED TO]
BAZEER KHAN VS. STATE OF M P [LAWS(MPH)-2013-3-61] [REFERRED TO]
JIGAR @ JIMMY PRAVINCHANDRA ADATIYA VS. STATE OF GUJARAT [LAWS(SC)-2022-9-125] [REFERRED TO]
S.KASI VS. STATE THROUGH THE INSPECTOR OF POLICE SAMAYNALLUR POLICE STATION MADURAI DISTRICT [LAWS(SC)-2020-6-20] [REFERRED TO]
CHANDER PRAKASH VS. STATE OF HARYANA [LAWS(P&H)-2023-6-47] [REFERRED TO]
SHIVANI VS. STATE OF PUNJAB [LAWS(P&H)-2015-2-45] [REFERRED TO]
BINOD PAIKRAY @ VS. STATE OF ORISSA [LAWS(ORI)-2008-1-70] [REFERRED TO]
SARABJIT SINGH @ SABI VS. STATE OF PUNJAB [LAWS(P&H)-2013-12-62] [REFERRED TO]
HANSA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2020-7-3] [REFERRED TO]
SURINDERPAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2020-7-32] [REFERRED TO]
AJIT JHA VS. STATE OF H P [LAWS(HPH)-2013-8-109] [REFERRED]
ZAID ALIAS MD ZAID SAH VS. STATE OF BIHAR [LAWS(PAT)-2006-8-32] [REFERRED TO]
NARESH RAM VS. STATE OF BIHAR [LAWS(PAT)-2008-6-35] [REFERRED TO]
JOGENDRA PANDIT VS. STATE OF BIHAR [LAWS(PAT)-2012-4-130] [REFERRED TO]
SANJAY SINGH VS. STATE OF BIHAR [LAWS(PAT)-2007-7-9] [REFERRED]
RAVINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2005-3-37] [REFERRED TO]
JASWINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2005-4-19] [REFERRED TO]
BABULAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2013-8-190] [REFERRED TO]
BAHARAN ALI VS. STATE OF BIHAR [LAWS(PAT)-2018-4-186] [REFERRED TO]
GURDEV SINGH VS. UNION TERRITORY OF J&K [LAWS(J&K)-2020-12-1] [REFERRED TO]
HARIPADA KUMBHAKAR VS. HARIPADA KUMBHAKAR [LAWS(JHAR)-2009-9-121] [REFERRED TO]
STATE OF WEST BENGAL VS. DINESH DALMIA [LAWS(SC)-2007-4-118] [REFERRED TO]
UNION OF INDIA VS. HASSAN ALI KHAN [LAWS(SC)-2011-9-25] [REFERRED TO]
HAYARUNNISA VS. STATE OF KERALA [LAWS(KER)-2001-6-56] [REFERRED TO]
RAHIM VS. STATE OF GUJARAT [LAWS(GJH)-2001-4-64] [REFERRED TO]
ALEX VS. STATE [LAWS(MAD)-2023-10-70] [REFERRED TO]
OMANA KUTTAN PILLAI VS. STATE OF KERALA [LAWS(KER)-2003-10-54] [REFERRED TO]
GURWINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-8-612] [REFERRED]
MOHAN KUMAR @ DOUBLE METER MOHAN VS. STATE BY YELAHANKA POLICE STATION BANGALORE [LAWS(KAR)-2018-10-136] [REFERRED TO]
QAMAR GHANI USMANI VS. STATE OF GUJARAT [LAWS(GJH)-2022-9-1110] [REFERRED TO]
KIRAN KUMARI VS. STATE OF H P [LAWS(HPH)-2016-8-282] [REFERRED TO]
STATE OF GUJARAT VS. LAXMANSINH CHANDRASINH PADHIYAR [LAWS(GJH)-2008-3-15] [REFERRED TO]
PRADEEP SHARMA VS. STATE OF GUJARAT [LAWS(GJH)-2010-10-256] [REFERRED TO]
SULEMAN VS. STATE [LAWS(DLH)-2022-8-171] [REFERRED TO]
SHALINI VERMA, W/O RUPENDRA VERMA VS. STATE OF CHHATTISGARH THROUGH DISTRICT MAGISTRATE, RAIPUR [LAWS(CHH)-2019-3-195] [REFERRED TO]
HITESH CHOUBEY AND ORS. VS. STATE OF C.G. [LAWS(CHH)-2014-12-30] [REFERRED TO]
ALLU PRASAD VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-7-113] [REFERRED TO]
RAJUBAI BHALUBHAI BHARVAD (MEVADA) VS. STATE OF GUJARAT [LAWS(GJH)-2018-11-54] [REFERRED TO]
PADMABAI DATTATRAYA BHOJNE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-3-28] [REFERRED TO]
SAILESH R SHAH VS. INTELLIGENCE OFFICER NCB EASTERN REGIONAL UNIT [LAWS(CAL)-2002-3-47] [REFERRED TO]
VARUN TIWARI VS. STATE OF U.P. [LAWS(ALL)-2021-11-18] [REFERRED TO]
FIRASAT VS. STATE OF U P & ANOTHER [LAWS(ALL)-2012-6-58] [REFERRED]
RAM KARAN ALIAS RAM VARAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2008-7-48] [REFERRED TO]
BISHUNDEO SAO VS. STATE OF BIHAR [LAWS(PAT)-2002-8-75] [REFERRED TO]
KIRAN SETHI VS. STATE OF PUNJAB [LAWS(P&H)-2007-3-140] [REFERRED TO]
GURMEJ SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2011-3-208] [REFERRED TO]
VISHWANATH YADAV VS. STATE OF BIHAR [LAWS(PAT)-2018-4-58] [REFERRED TO]
GUDDU @ MOHD. RIYAZUDEEN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-7-243] [REFERRED TO]
VIJENDRA @ PINTU VS. STATE [LAWS(RAJ)-2014-3-245] [REFERRED TO]
BHARAT BHUSHAN VS. STATE OF HARYANA [LAWS(P&H)-2024-4-93] [REFERRED TO]
AZHARUDHEEN VS. STATE OF KERALA [LAWS(KER)-2024-1-10] [REFERRED TO]
RANJEET @ ANGREJI @ BITTU VS. STATE OF HARYANA [LAWS(P&H)-2020-8-9] [REFERRED TO]
PRADEEP N SHARMA VS. STATE OF GUJARAT [LAWS(GJH)-2011-2-82] [REFEREED TO]
THANGNAM KHONGSAI VS. UNION OF INDIA [LAWS(GAU)-2006-7-35] [REFRRED TO]
IRFAN ALI VS. STATE OF A.P. [LAWS(APH)-2022-7-94] [REFERRED TO]
LUNAVATH KALYAN VS. STATE OF TELANGANA [LAWS(APH)-2022-7-98] [REFERRED TO]
JAYANANDAN PRASAD VS. STATE OF ASSAM [LAWS(GAU)-2012-1-11] [REFERRED TO]
JAYANANDAN PRASAD VS. STATE OF ASSAM [LAWS(GAU)-2012-1-11] [REFERRED TO]
OM PRAKASH VS. STATE NCT OF DELHI [LAWS(DLH)-2005-6-5] [RELIED ON]
QING SHI VS. STATE [LAWS(DLH)-2021-7-96] [REFERRED TO]
KULVIR SINGH @ LADDI VS. STATE OF PUNJAB [LAWS(P&H)-2014-11-608] [REFERRED]
SUBAIR VS. UNION OF INDIA REP BY SUPERINTENDENT OF POLICE NATIONAL INVESTIGATION AGENCY MHA GOVERNMENT OF INDIA [LAWS(MAD)-2018-10-205] [REFERRED TO]
K.A.SABU VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(KER)-2020-5-215] [REFERRED TO]
PEETHAMBARAN A. VS. STATE OF KERALA [LAWS(KER)-2020-1-181] [REFERRED TO]
AVINASH JAIN VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2023-5-187] [REFERRED TO]
SALEEM VS. STATE OF KARNATAKA [LAWS(KAR)-2015-8-229] [REFERRED TO]
SALEEM VS. STATE OF KARNATAKA [LAWS(KAR)-2015-8-229] [REFERRED TO]
SUNIL D THAWARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-1-47] [REFERRED TO]
AFZAL IBRAHIM JARIWALA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-12-121] [REFERRED TO]
RAJIV KATIYAR VS. CBI BHILAI BRANCH , DISTRICT DURG, C.G. [LAWS(CHH)-2016-1-18] [REFERRED TO]
MAROOF AND ORS. VS. STATE [LAWS(DLH)-2015-5-127] [REFERRED TO]
SANJAY KUMAR KEDIA VS. NARCOTIE CONTROL BUREAU [LAWS(CAL)-2008-9-10] [REFERRED TO]
SARASWATI RAI VS. UNION OF INDIA [LAWS(CAL)-2011-5-113] [REFERRED TO]
D V R S G DATTATREYULU VS. EX OFFICIO PRL SECRETARY [LAWS(APH)-2001-10-74] [FOLLOWED ON]
KARU MANJHI VS. STATE OF BIHAR [LAWS(PAT)-2005-7-80] [REFERRED]
UMESH RAI VS. STATE OF BIHAR [LAWS(PAT)-2006-12-77] [REFERRED TO]
BIJAY SAH VS. STATE OF BIHAR [LAWS(PAT)-2004-3-48] [REFERRED TO]
DEVENDRA SAHANI @ DEVENDRA MALLAH @ RATNAKARJEE SON OF LATE RAM CHANDRA SAHANI RESIDENT OF VILLAGE VS. THE STATE OF BIHAR [LAWS(PAT)-2012-8-161] [REFERRED TO]
MAHESH KUMAR VS. THE STATE OF BIHAR [LAWS(PAT)-2017-7-66] [REFERRED TO]
SYED MUQTAR AFI VS. STATE OF TELANGANA [LAWS(TLNG)-2020-12-84] [REFERRED TO]
PERIYASAMY VS. STATE [LAWS(MAD)-2010-1-189] [REFERRED TO]
YOGENDRASINGH S/O. LATE GULABSINGH VS. STATE OF M.P. THROUGH P.S. KHARGONE [LAWS(MPH)-2012-9-215] [REFERRED TO]
SUNDER VS. STATE OF M P [LAWS(MPH)-2010-1-108] [REFERRED TO]
GAYASUDDIN VS. STATE OF JHARKHAND [LAWS(JHAR)-2005-4-9] [REFERRED TO]
JUDGEBIR SINGH VS. NATIONAL INVESTIGATION AGENCY [LAWS(SC)-2023-5-1] [REFERRED TO]
SATENDER KUMAR ANTIL VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(SC)-2022-7-48] [REFERRED TO]
GURCHARAN SINGH VS. STATE OF HARYANA [LAWS(P&H)-2016-2-39] [REFERRED TO]
KARAMJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2011-9-249] [REFERRED TO]
PRATIMA NAYAK VS. STATE OF ORISSA [LAWS(ORI)-2011-1-13] [REFERRED TO]
ANAND SUBRAMANIAN VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2022-9-224] [REFERRED TO]
MUMINUR RAHAMAN BARBHUYA VS. STATE OF MANIPUR [LAWS(MANIP)-2019-9-4] [REFERRED TO]
JAYANTILAL VIRJIBHAI VAGHELA VS. STATE OF GUJARAT [LAWS(GJH)-2003-10-32] [REFFERED]
THOMAS DANIEL VS. STATE OF KERALA [LAWS(KER)-2020-11-26] [REFERRED TO]
KANSHI RAM VS. STATE OF PUNJAB [LAWS(P&H)-2014-3-446] [REFERRED TO]
AMIT VS. STATE OF KERALA [LAWS(KER)-2024-3-127] [REFERRED TO]
SUBASH LAMBAT VS. STATE OF KERALA [LAWS(KER)-2024-6-104] [REFERRED TO]
UPENDRA YADAV @ MUNSHI YADAV ALIAS MUNSHI YADAV VS. STATE OF BIHAR [LAWS(PAT)-2016-3-137] [REFERRED TO]
JEEVAN SHARMA @ VICKY VS. STATE OF PUNJAB [LAWS(P&H)-2014-1-518] [REFERRED TO]
SHINDER KAUR VS. STATE OF PUNJAB [LAWS(P&H)-2014-1-426] [REFERRED TO]
STATE OF GUJARAT VS. JETHISINH KULUBAVA PADHIYAR [LAWS(GJH)-2008-4-227] [REFERRED TO]
GYAN CHAND AGARWAL VS. CBI [LAWS(CHH)-2007-5-2] [REFERRED TO]
AKHTAR ANSARI VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-3-60] [REFERRED TO]
CHHANNULAL PANDURANG SHENDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-4-172] [REFERRED TO]
DEELIP VS. STATE OF MAHARASTRA [LAWS(BOM)-2013-5-92] [REFERRED TO 8]
PUNJARAM S O ASHROBA ASROBA KANGNE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-2-4] [REFERRED TO]
PRAVIN KASANA VS. STATE OF U P [LAWS(ALL)-2012-11-44] [REFERRED TO]
SYED SHAHID YOUSUF VS. NATIONAL INVESTIGATION AGENCY [LAWS(DLH)-2018-5-573] [REFERRED TO]
ARVIND KUMAR SAXENA VS. STATE [LAWS(DLH)-2018-3-71] [REFERRED TO]
SUDESH KUMAR @ SUDESH CHAND VS. C.B.I. [LAWS(DLH)-2012-1-614] [REFERRED TO]
NATIONAL INVESTIGATION AGENCY VS. AKHIL GOGOI [LAWS(GAU)-2022-9-85] [REFERRED TO]
HANUFA NASRIN VS. STATE OF ASSAM [LAWS(GAU)-2021-11-28] [REFERRED TO]
CHAMPA DAIMARI VS. STATE OF ASSAM [LAWS(GAU)-2021-11-37] [REFERRED TO]
RAHIMA VS. STATE GNCT OF DELHI [LAWS(DLH)-2023-9-118] [REFERRED TO]
S.K. Paramesh Gowda @ Girisha S/o Kalegowda VS. State of Karnataka by Channarayapatna Town P.S [LAWS(KAR)-2012-9-335] [REFERRED TO]
ANIL KUMAR VS. STATE OF KERALA [LAWS(KER)-2013-9-6] [REFERRED TO]
HARISH BABU MADDINENI VS. STATE OF KERALA [LAWS(KER)-2012-1-2] [REFERRED TO]
MOHAMMED ALI VS. STATE OF KERALA [LAWS(KER)-2020-5-72] [REFERRED TO]
IKRAMUL SHEIK VS. STATE OF KERALA [LAWS(KER)-2019-3-198] [REFERRED TO]
SAMSUN NOOR VS. STATE OF ASSAM [LAWS(GAU)-2022-10-21] [REFERRED TO]
GIRISHBHAI ARUNBHAI DESAI VS. STATE OF GUJARAT [LAWS(GJH)-2001-7-15] [REFERRED]
AMED UDDIN TAPADAR VS. STATE OF ASSAM [LAWS(GAU)-2024-5-90] [REFERRED TO]
NADEEM AHMED VS. STATE [LAWS(KAR)-2004-7-51] [REFERRED TO]
DINESH PANDI VS. STATE REP. BY [LAWS(MAD)-2020-6-313] [REFERRED TO]
SEETHAPRIYA VS. STATE [LAWS(MAD)-2024-3-284] [REFERRED TO]
JIYAUR RAHMAN BARHUIYA VS. STATE OF MANIPUR [LAWS(MANIP)-2019-9-27] [REFERRED TO]
VISHNU SONI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2007-5-23] [REFERRED TO]
MUHASIN VS. STATE OF KERALA [LAWS(KER)-2024-8-1] [REFERRED TO]
STATE NCT OF DELHI VS. RIYAZUDDIN [LAWS(DLH)-2022-11-226] [REFERRED TO]
VENKATARAYANAKOTE KRISHNAPPA RAGHVENDRA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2009-4-104] [REFERRED TO]
AMBADAS SRIDHAR BANKAR VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-8-5] [REFERRED TO]
AVVA VENKATA RAMA RAO AND ANOTHER VS. STATE OF A.P. [LAWS(APH)-2018-6-71] [REFERRED TO]
KAMAL K.P. VS. STATE OF U.P. [LAWS(ALL)-2024-9-34] [REFERRED TO]
BARKAT VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2018-10-251] [REFERRED TO]
SANJAY KUMAR KEDIA ALIAS SANJAY KEDIA VS. STATE [LAWS(CAL)-2008-9-13] [REFERRED TO]
MD ISRAIL VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-5-49] [REFERRED TO]
PRADIP MAITY VS. UNION OF INDIA [LAWS(CAL)-2010-5-59] [REFERRED TO]
M V HENRY INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU VS. MOHAMED SALIM [LAWS(BOM)-2005-3-179] [REFERRED TO]
RAHUL GUPTA VS. STATE [LAWS(DLH)-2021-9-224] [REFERRED TO]
ABHISHEK VS. STATE NCT OF DELHI [LAWS(DLH)-2021-10-13] [REFERRED TO]
JANKI VS. STATE OF GOVT OF NCT OF DELHI [LAWS(DLH)-2016-5-999] [REFERRED]
AKHERAJ VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-3-79] [REFERRED TO]
VIKASH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-12-76] [REFERRED TO]
JAMAL DIN VS. CPO KISHTWAR [LAWS(J&K)-2014-2-43] [REFERRED TO]
KAMPATI PHANI KUMAR VS. UNION OF INDIA [LAWS(TLNG)-2022-8-104] [REFERRED TO]
C. PARTHASARTHY VS. DIRECTOR OF ENFORCEMENT [LAWS(TLNG)-2022-5-1] [REFERRED TO]
SADHWI PRAGYNA SINGH THAKUR VS. STATE OF MAHARASHTRA [LAWS(SC)-2011-9-93] [REFERRED TO]
SANJAY KUMAR KEDIA ALIAS SNAJAY KEDIA VS. INTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU [LAWS(SC)-2009-8-74] [REFERRED TO]
ARUN KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2015-3-620] [REFERRED TO]
UPENDRA SINGH @ PAPPU SINGH VS. THE STATE OF BIHAR AND OTHERS [LAWS(PAT)-2003-2-98] [REFERRED]
LAMBODAR BAG VS. STATE OF ORISSA [LAWS(ORI)-2018-5-56] [REFERRED TO]
BAJRANG MANDAL VS. STATE OF JHARKHAND [LAWS(JHAR)-2023-7-56] [REFERRED TO]
AVTAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2020-7-86] [REFERRED TO]
AVTAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2020-7-86] [REFERRED TO]
KULJIT SINGH @ HIRA VS. STATE OF PUNJAB [LAWS(P&H)-2014-5-606] [REFERRED TO]
ASHWANI KUMAR @ ASHU VS. STATE OF PUNJAB [LAWS(P&H)-2013-8-1194] [REFERRED]
VAMAN NARAYAN GHIYA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-3-3] [REFERRED TO]
MISRU ALIAS MISROOP VS. STATE OF RAJASTHAN [LAWS(RAJ)-2013-11-40] [REFERRED TO]
ANWAR ALAM VS. STATE OF SIKKIM [LAWS(SIK)-2022-11-8] [REFERRED TO]
V. SENTHIL BALAJI VS. STATE REPRESENTED BY DEPUTY DIRECTOR [LAWS(SC)-2023-8-13] [REFERRED TO]
Fulchu @ Jeet Goswami VS. State of Jharkhand [LAWS(JHAR)-2006-10-18] [REFERRED TO]
STATE OF MAHARASHTRA VS. BHARATI CHANDMAL VARMA alias AYESHA KHAN [LAWS(SC)-2001-12-9] [REFERRED]
BALWINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2004-1-30] [REFERRED TO]
PUNAEKKAR SEETHARAMAN DIKULE VS. STATE [LAWS(MAD)-2023-3-158] [REFERRED TO]
HARI BANS YADAV @ HARIBANS YADAV SON OF LATE GHUTAR YADAV, RESIDENT OF VILLAGE KASRAUR, P.S. VS. THE STATE OF BIHAR [LAWS(PAT)-2016-10-43] [REFERRED TO]
RAFEEK C. VS. STATE OF KERALA [LAWS(KER)-2024-8-52] [REFERRED TO]
MUHAMMED FAIZAL VS. STATE OF KERALA [LAWS(KER)-2024-8-14] [REFERRED TO]
RAJA BHAIYA SINGH VS. STATE OF M.P. [LAWS(MPH)-2021-1-1] [REFERRED TO]
MANNU SINGH VS. STATE OF M.P [LAWS(MPH)-2020-8-448] [REFERRED TO]
SK. EIMAT VS. STATE OF ODISHA [LAWS(ORI)-2022-10-86] [REFERRED TO]
MANTU KUMAR SINHA ALIAS BABLU KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2006-3-24] [REFERRED TO]
GURJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-3-353] [REFERRED TO]
AMAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-3-327] [REFERRED TO]
ARUN PASWAN, S/O PRAKASH PASWAN VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2017-11-145] [REFERRED TO]
BALKAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2020-2-76] [REFERRED TO]
YASHODAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2007-12-33] [REFERRED TO]
CHARANJIT SINGH ALIAS CHANNI VS. STATE OF PUNJAB [LAWS(P&H)-2014-3-267] [REFERRED TO]
SATNAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2011-4-284] [REFERRED TO]
PURNA CHANDRA NAIK VS. STATE OF ORISSA [LAWS(ORI)-2002-3-56] [REFERRED TO]
SUNIL KUMAR SHARMA VS. STATE (NCT OF DELHI) [LAWS(DLH)-2005-6-6] [REFERRED TO]
VIKAS REDDY @ RAVIKUMAR NAIDU VS. STATE OF KARNATAKA [LAWS(KAR)-2012-11-270] [REFERRED]
WASUDEO VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-2-197] [REFERRED TO]
KAPIL WADHAWAN VS. DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA [LAWS(BOM)-2020-8-112] [REFERRED TO]
DHEERAJ WADHAWAN VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(BOM)-2020-11-170] [REFERRED TO]
KALPESH NAVINDCHANDRA DAFTARY VS. STATE OF GUJARAT [LAWS(GJH)-2011-6-11] [REFERRED TO]
RAJESH PRADHAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-3-77] [REFERRED TO]
JULAKANTI BRAHMA REDDY VS. STATE OF A P [LAWS(APH)-2001-8-116] [REFERRED TO]
BECHU SEKH VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-10-34] [REFERRED TO]
JYOTI TAMANG VS. STATE OF WEST BENGAL [LAWS(CAL)-2016-4-224] [REFERRED TO]
HARISH CHANDRA VERMA VS. UNION OF INDIA [LAWS(ALL)-2010-7-198] [REFERRED TO]
ABHISHEK SRIVASTAVA VS. STATE OF U.P. [LAWS(ALL)-2020-11-76] [REFERRED TO]
HAMAJA MOHIDDIN KUTTY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2004-4-57] [REFERRED TO]
KAMLAKAR LACHHAYYA OLLALA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-4-57] [REFERRED TO]
TUNDE GBAJA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2007-3-125] [REFERRED TO]
ALAMKHAN UMARKHAN JATMALEK JENJARI TAL.DASHADA VS. STATE OF GUJARAT [LAWS(GJH)-2015-1-430] [CONFIRMED]
UMAJI RAGHUNATH SHENDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-1-110] [REFERRED TO]
RAM NAGINA GUPTA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-10-76] [REFERRED TO]
DEVENDRA CHANDRA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-11-164] [REFERRED TO]


JUDGEMENT

- (1.)(Majority opinion by Pattanaik, J., on his behalf and on behalf of U. C. Banerjee, J.)
Leave granted.

(2.)In this Appeal by grant of Special Leave the question that arises for consideratrion is when can an accused be said to have availed of his indefeasible right for being released on bail under the Proviso to Sec. 167(2) of the Code of Criminal Procedure, if a challan is not filed within the period stipulated thereunder. In the case in hand, the accused after surrendering himself in the Court was remanded to judicial custody by order of the Magistrate on 17-6-2000. A case has been instituted against him under Secs. 406 and 420 of the Indian Penal Code read with Maharashtra Protection of Interest of Depositors (Financial Establishment) Act, 1999 (for short M.P.I.D. Act). The period of 60 days for filing of charge-sheet was completed on 16-8-2000. On the next day i.e., 17-8-2000, an application for being released on bail was filed before the Magistrate alleging that non-filing of challan within 60 days entitles the accused to be released on bail under proviso to Sec. 167(2) of the Code of Criminal Procedure. The Magistrate rejected the prayer on the same day on a conclusion that the provisions of Sec. 167(2) Cr.P.C. has no application to cases pertaining to M.P.I.D. Act. The accused, therefore, preferred a Criminal Revision Application before the Bombay High Court. A learned single Judge after hearing the contentions raised by the accused and by the State referred the matter to the Division Bench on 23rd August, 2000 and the matter was listed before a Division Bench on 29th August, 2000. On that date the Division Bench adjourned the matter for argument to 31st August, 2000 and in the meanwhile a charge-sheet was filed before the trial Judge on 30th August, 2000. The Division Bench of Bombay High Court, on examination of the relevant provisions of the M.P.I.D. Act, more particularly, Sections 13 and 14 thereof, and relying upon the judgment of this Court in Union of India v. Thamisharasi & Ors., 1995 (4) SCC 190, Hitendra Thakur & Ors. v. State of Maharashtra, 1994 (4) SCC 602, as well as the Constitution Bench decision in Sanjay Dutt v. State through C.B.I. Bombay (II), 1994 (5) SCC 410, came to hold that there is no interdiction in the Maharashtra Act of 1999 against the applicability of Sec. 167(2) proviso of the Criminal Procedure Code, and therefore, an accused arrested for commission of an offence under Sec. 3 of the M.P.I.D. Act is entitled to claim release on bail on expiry of total period specified in Sec. 167 if the challan is not filed within that period. Having held so, on the entertainability of the claim of the accused invoking provisions of Sec. 167 of Criminal Procedure Code, the High Court ultimately refused to grant relief on the ground that by the time the application for bail before the Division Bench came to be considered on 31st August, 2000, a charge-sheet had been filed before the Magistrate on 30th August, 2000, and therefore, the so-called enforceable right did not survive or remain enforceable. In coming to the aforesaid conclusion, the High Court relied upon the Constitution Bench decision of this Court in Sanjay Dutt's case (supra) as well as the case of State of M. P. v. Rustom & Ors., 1995 Supp. (3) SCC 221, and further held that the Full Bench decision of Gujarat High Court in Babubhai Patel's case, 1981 GLR 1232 : 1982 Cri.LJ 284, is contrary to the decision of the Supreme Court in Rustom's case (supra). On dismissal of an application filed by the accused the present appeal has been preferred to this Court.
(3.)Mr. K.T.S. Tulsi, learned senior Counsel appearing for the accused/ appellant contended that the legislative mandate conferring right on the accused to be released on bail on the expiry of the period contemplated under the proviso to sub-sec. (2) of Sec. 167, if the accused is prepared to furnish bail, cannot be nullified by taking recourse to subterfuge and keeping the matter pending for passing of an order, allowing the prosecution to file a charge-sheet. According to Mr. Tulsi, the expression shall be released on bail in the Proviso to sub-sec. (2) of Sec. 167 not only confers indefeasible right on the accused but also casts duty/obligation on the Magistrate, since the Magistrate will not be entitled to remand the accused any further. In this view of the matter, if an accused files and application on the expiry of the period contemplated under the proviso to sub-sec. (2) of Sec. 167 and offers to furnish the bail on being ordered and by the date of filing of the application no charge-sheet had been filed by the prosecution, then the accused has to be released on bail and the right conferred upon him under the aforesaid provision of the Code must be enforced and subsequent filing of charge-sheet will not alter the position. Mr. Tulsi further contended that in paragraph 48 of the judgment in Sanjay Dutt's case (supra), when it has been indicated, The indefeasible right accruing to the accused in such a situation is enforceable only prior to the filing of the challan and it does not survive or remain enforceable on the challan being filed, in already not availed of would obviously mean, if application for being released on bail had not been made before the filing of challan. In other words, according to Mr. Tulsi if an accused had not made any application for being released on bail, notwithstanding the fact, that charge-sheet had not been filed within the stipulated period he will not be entitled to file the same after filing of the challan, but if the accused has filed the application for bail and was prepared to offer and furnish the bail, as required by the Court. then subsequent filing of challan will not take away the right of the accused merely because the Magistrate or any other Court had not passed the order, or the accused had not been factually released. According to Mr. Tulsi if the observations of this Court in Sanjay Dutt's case (supra) is interpreted in the manner, as it has been interpreted by the High Court in the impugned judgment, then the prosecution can always frustrate the right of the accused accrued in his favour under the mandates of the Statute by several dialectic tactics or even in contingency, like absence of the Presiding Officer of the Court or non-availability of the Court to take up application of bail and passing orders thereon. Mr. Tulsi contends that the passing of an order of bail under proviso to sub-sec. (2) of Sec. 167 is merely a clerical act of the concerned Magistrate or the Court in implementation of the legislative mandate, and at that stage, no adjudication is required to be made and in this view of the matter the provisions of the Code should be so construed so as not to frustrate the legislative mandate but it must be so construed which should be in aid of fulfilling the intention of the legislature. This being the position, Mr. Tulsi contends that the impugned order is wholly erroneous and should be set aside.


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