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2016 (3) TMI 503 - GUJARAT HIGH COURT

2016 (3) TMI 503 - GUJARAT HIGH COURT - TMI - Copy of the documents lying in 42 gunny bags seized by Surat Police demanded - Payment of requisite fees - Held 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 requisit .....

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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 Sessions Court in the pending trial and this order shall no .....

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g with Mrs. Mauna M. Bhatt waives service of notice of Rule for respondent No.1, Mr. Rahul R. Dholakia, learned advocate waives service of notice of Rule for respondent No.2 and Mr. Rutvij Oza, learned APP waives service of notice of Rule for respondent No.3. 2. By way of this application, the applicant has prayed that appropriate direction be given to the respondent No.1 to provide the copy of the documents which are lying in 42 gunny bags seized by Surat Police in connection with FIR being C.R .....

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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 requisit .....

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lf of the respondent No.1, it is clear that the Income Tax Department is not having any objection to supply the copy of the documents lying in 42 gunny bags and therefore the contention that if the copy of the documents lying in 42 gunny bags is not supplied to the petitioner then prejudice would be caused to the petitioner, is misconceived. 5. Learned counsel thereafter submitted that against the order passed by this Court, the applicant preferred SLP before the Hon ble Supreme Court. However, .....

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