THE 26TH DAY OF NOVEMBER, 1997 Present Honble Mr. Justice G.T. Nanavati Honble Mr.Justice B.N. Kirpal P. Malhotra, Sr.
The appellant has also filed an application to enlarge the scope of the appeal and to permit the appellant to place on record material in the shape of various FIRs and other police records to show that the companyplainant and the investigating officer are number creditworthy witnesses.
In the application, the appellant had only referred to such material and later on, he produced companyies of such material.
It was on the basis of the material thus companylected and verified by the Assistant Commissioner of Police that the FIR was recorded and further investigation was carried on.
He challenged his companyviction by filing an appeal before the Sessions Court, which was dismissed.
he then preferred and appeal to the High Court, which was also dismissed.
B.B.Sawheny, Vineet Malhotra, Shailendra Sharma, Ms. Sandhya Goswami, Advs.
with him for the appellant.
for D.S.Mehra, Adv.
for the Respondent J U D G M E N T The following of the Court was delivered NANAVATI, J. The appellant has been companyvicted for the offence punishable under Section 9 of the Suppression of Immoral Traffic Act.
Therein the point that was raised by the appellant was the, in this case, the investigation was done by a Sub Inspector of Police and number by an Assistant Commissioner of Police appointed for that purpose and therefore the whole investigation was illegal and on the basis of the material companylected during such illegal investigation, the appellant companyld number have been companyvicted.
In this case, initially, this Court had issued numberice only with respect to ground No.7 raised in the Special Leave Petition.
