It excludes the possibility of proceedings against a dead person. Concept of abatement of a trial could be subsumed in the clause where the final judgment and order of the Criminal Court is one of acquittal. All these statements express or implied including the signs and gestures would amount to a communication of the fact of identification by the identifier to another person. It is not possible for us to accept the submission. Sub- clause 2 requires the District Judge to issue a notice, presumably at the address where the person ordinarily resides or carries on business (vide clause 3) along with copies of the order and the application etc.
The identifier may point out by his finger or -touch the property or the person. Clause 13 requires the Government to inform the District Judge about the status of the criminal proceedings. While, this clause is clear that the orders of attachment must be withdrawn if cognizance of the offence has not been taken or there has been an acquittal; the clause is silent as to the effect of abatement of prosecution. Accordingly a nomination filed on March 15, 1951, was validly subjected Lawyer Chandigarh
to the test of disqualification contained in section 16(1) (x) of the Act and the rejection of such nomination on March 25, 1951, was not defective though the Act came into force on April 15, 1951, in the area to which the rejected nomination relates.
In this context, the presumption of innocence of an accused till he is convicted must be borne in mind and there is no reason to consider this presumption to have vaporized upon the death of an accused. The distinction therefore which has been made by the Calcutta and the Allahabad High Courts between the mental act of identification and the communication thereof by the identifier to another person is quite logical and such communications are tantamount to statements made by the identifiers to a police officer in the course of Lawyers Chandigarh
investigation and come within the ban of section 162.
identified, may either nod his head or give his assent in answer to a question addressed to him in that behalf or may make signs or gestures which are tantamount to saying that the particular property identified was the subject-matter of the offence or the person identified was concerned in the offence. But however clause 3 requires the Government to make such an application to the District Judge within the local limits of whose jurisdiction the said person ordinarily resides or carries on business; thus clearly requiring the existence of such a person.
It is due to this silence that it is contended Chandigarh Advocates
by the State Government in this case that the orders of attachment could not only have been continued but could also have been confirmed. We therefore approve of the view taken by the Calcutta and Allahabad High Courts in preference to the view taken 921 by the Madras High Court and the Judicial Commissioner's Court at Nagpur Power Satyaveer Diabetes Mellitus (IDDM) 40% Singh ICD E 10.
n920 officers interrogate the identifying witnesses or the Panch witnesses who are procured by the police do so, the identifying witnesses are explained the purpose of holding these parades and are asked to identify the properties which are the subject-matter of the offence or the persons who are concerned in the offence. It requires the Government to furnish the District Judge with a copy of the judgment or order of the trial court and with copies of the judgment or orders, if any of the appellate or revisional court thereon.
It may be noted that this Court has time and again reiterated the presumption of innocence of an accused till he is convicted. In fact, the learned Single Judge rightfully dismissed the writ petition filed by Harender Singh. The physical fact of identification has thus no separate existence apart from the statement involved in the very process of identification and Advocates in Chandigarh
so far as a police officer seeks to prove the fact of such identification such evidence of his would attract the operation of section 162 and would be inadmissible in evidence, the only exception being the evidence sought to be given by the identifier him- self in regard to his mental act of identification which he would be entitled to give by way of corroboration of his identification of the accused at the trial.
Clause 5 provides for an investigation of objections to the attachment who have been served with notices under clause 4. Clause 4 of the act empowers the District Judge to pass an order of ad interim attachment on prima facie grounds for believing that the person in respect of whom the application is made has committed any scheduled offence or has procured any money or property thereby. If the law requires that the orders of attachment should be withdrawn upon acquittal it stands to reason that such orders must be withdrawn when the prosecution abates or cannot result in a conviction due to the death of the accused, whose property is attached.
If this background is kept Lawyer in Chandigarh
view it is clear that the process of identification by the identifying witnesses involves the statement by the identifying witnesses that the particular properties identified were the subject-matter of the offence or the persons identified -were concerned in the offence. (2) On receipt of an appeal under sub-section (1), the Tribunal may, after giving an opportunity to the appellant to be heard, and after making such inquiry as it deems fit, confirm, modify or set aside the order made by the Recovery Officer in exercise of his powers under Sections 25 to 28 (both inclusive).
Recruit Amit Kumar Manic Episode (F-30). This statement may be express or implied. Sub-clause 3 empowers the District Judge to pass an order making the ad interim order of attachment absolute or varying it by releasing a portion of the property or withdrawing the order. Sub-clause 2 mandates that the District Judge shall forthwith withdraw any orders of attachment of property made in connection with the offence if (a) cognizance of alleged scheduled offence has not been taken or (b) where the final judgment and orders of the criminal court is one of acquittal.
The High Court ought not to have interfered with in the matter agitated by Harender Singh in exercise of its writ jurisdiction. This is by virtue of clause 3 which empowers the Government to authorise making of such an application to the District Judge where it has reason to believe that any person has committed any scheduled offence. Section 23 of the Orissa General Clauses Act, 1937, does not authorise the making of rules or bye-laws, which are to come into (1)  INSC 104;  1 S.