DALJT SINGH ALIAS BITTU v. STATE THROUGH CBI, PUNJAB
2004-09-14
A.K.MATHUR, B.N.AGARWAL
body2004
DigiLaw.ai
ORDER 1. HEARD LEARNED COUNSEL FOR THE PARTIES. 2. THIS APPEAL HAS BEEN FILED AGAINST THE IMPUGNED ORDER PASSED BY THE DESIGNATED COURT UNDER THE TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987, WHEREBY THE TRIAL COURT HAS OVERRULED THE OBJECTION RAISED BY THE ACCUSED WITH REGARD TO ADMISSIBILITY OF THE CONFESSION. THIS OBJECTION WAS RAISED WHEN 171 WITNESSES HAD BEEN EXAMINED. IN OUR VIEW, IT WOULD NOT BE JUST AND EXPEDIENT TO EXAMINE CORRECTNESS OF THE IMPUGNED ORDER AT THIS STAGE, AS SUCH WE REFRAIN OURSELVES FROM GOING INTO THE MERITS OF THE APPEAL GIVING LIBERTY TO THE APPELLANTS TO CHALLENGE CORRECTNESS OF THE IMPUGNED ORDER IN APPEAL, IF ANY, TAKEN BEFORE THIS COURT AGAINST THE FINAL JUDGMENT, WHICH WOULD BE RENDERED BY THE TADA COURT UPON THE CONCLUSION OF TRIAL. 3. THE APPEAL IS, ACCORDINGLY, DISPOSED OF. 4. LET THE RECORDS OF THIS CASE BE SENT BACK IMMEDIATELY.