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2017 (5) TMI 490
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....f Code of Criminal Procedure, 1973 (for short 'the Cr.PC'), the High Court has quashed RC No.64A/96 against Lalu Prasad Yadav, four cases against Dr. Jagannath Mishra being RC Nos.64A/96, 47A/96, 68A/96 and 38A/96 and two cases against Sajal Chakraborty being RC Nos.20A/96 and 68A/96 on the ground that they have been convicted in one of the cases for offences involving the same ingredients with respect to Chaibasa treasury. 2. In the wake of large scale defalcation of public funds, fraudulent transactions and fabrication of accounts in Animal Husbandry Department of State of Bihar popularly known as fodder scam, Central Bureau of Investigation (for short, 'the CBI') investigation had been ordered by this Court in State of Bihar & Anr. v. Ranchi Zila Samta Party & Anr. (1996) 3 SCC 682 to investigate corruption in public administration, misconduct by the bureaucracy, fabrication of official records, misappropriation of public funds by an independent agency. This Court directed CBI to do investigation and inform the Chief Justice of Patna High Court. On the re-orgnisation of the State of Bihar by virtue of Bihar Re-organisation Act, 2000, States of Bihar and Jharkhand were formed. Q....
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....e identified as the place where the treasury concerned was situate and laid down thus : "37. Thus, when it is certain where exactly the offence under Section 13 of the PC Act was committed it is an unnecessary exercise to ponder over the other areas wherein certain allied activities, such as conspiracy or preparation, or even the prefatory or incidental acts were done, including the consequences that ensued." (Emphasis Supplied) "42. Thus, if the PC Act has stipulated any place for trial of the offence under that Act the provisions of the Code would stand displaced to that extent in regard to the place of trial. We have, therefore, no doubt that when the offence is under Section 13(1) ( c ) or Section 13(1)( d ) of the PC Act the sole determinative factor regarding the court having jurisdiction is the place where the offence was committed." (Emphasis Supplied) 4. With respect to adoption of evidence in various cases as evidence with respect to conspiracy was to be common, this Court has observed in Braj Bhushan Prasad (supra) thus : "50. To avoid the confusion and repetition of the exercise, we make it clear that the evidence already recorded in any of the 36 cases will be t....
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....to see as to how these cases could be amalgamated." "14. Before we part it must be mentioned that it had been complained that the appellants would be forced to hear the same evidence 5/6 times. If the appellants or any of them feel aggrieved by this and if they so desire, they may apply to the Special Judges that evidence recorded in one case and documents marked as an exhibit in one case be used as evidence in other cases also. This would obviate their having to hear the same evidence in 5/6 different cases. We are sure that if such an application is made, the same will be considered by the Special Judge on its merit, after hearing all the other accused". (Emphasis Supplied) This Court had noted the grievance that accused persons would be forced to hear the same evidence 5-6 times, but ordered that they may apply to the Special Judges that evidence recorded in one case and the document marked as an exhibit in one case be used as evidence in other cases also. 6. Lalu Prasad Yadav was prosecuted and convicted in RC No.20(A)/96 with respect to aforesaid period 1.4.1994 to 31.1.1995 relating to Chaibasa treasury. The charges had been framed for commission of offence of criminal co....
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.... relating to Chaibasa Treasury for misappropriation of Rs. 37.62 crores during the financial year 1992-93. 9. It was submitted on behalf of CBI that though the same learned Judge of the High Court has quashed the proceedings in the aforesaid cases with respect to Lalu Prasad Yadav, Dr. Jagannath Mishra and Sajal Chakraborty owing to their conviction in one of the cases, however, with respect to accused Dr. R.K. Rana, the same Judge in criminal W.P. No.226/2011 has declined to quash the criminal prosecution in pending six other cases owing to his conviction in RC No.22A/96. Prayer for quashing of criminal prosecution in RC Nos.20A/96, 33A/96, 38A/96, 47A/96, 64A/96 and 68A/96 had been declined but the same very cases have been quashed by taking a contrary view in the impugned judgment and order. 10. It was submitted by Shri Ranjit Kumar, learned Solicitor General appearing for CBI that as the offences relate to different treasuries for different financial years, for different amounts running into several crores with the help of different fake allotment letters, supply orders, different falsification of books of accounts, different suppliers, Article 20(2) of Constitution of India ....
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....amed. In pursuance thereof an amount of Rs. 89,27,164.15/- has been withdrawn from Deogarh Treasury. As the conspiracy for Chaibasa and Deogarh is the same the evidence has already been adduced in the case relating to Chaibasa treasury. Thus for one and the same conspiracy respondent Lalu Prasad Yadav cannot be tried over again in view of Article 20(2) and section 300 Cr.PC. It was further contended that the respondent is being prosecuted in two separate cases arising out of the Chaibasa Treasury namely R.C. No.68 (A)/1996 and R.C. No.20 (A)/1996. The first is when the money was siphoned out of the Treasury in 1992-93 and the second is for the period from 1.4.1994 to 30.1.1995 when the money was withdrawn from the Treasury. In other words, it is the prosecution case itself that between 1992-1995 money was being regularly siphoned out of the Chaibasa Treasury. The charge for conspiracy also states that the conspiracy was from 1990-1997. This is further proof of the fact that the conspiracy referred to by the prosecution for the Treasuries of Chaibasa and Deogarh is one and the same conspiracy and not different or distinct conspiracies. Counsel has also attracted our attention to the....
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....ed for defalcations made in different periods separately. So far as treasury payment is concerned there is no evidence against Lalu Prasad Yadav. Besides, it is a case where there is no evidence against the accused. 15. It was submitted by Shri Adit S. Pujari, learned counsel appearing on behalf of Sajal Chakraborty, that the main case set up against the respondent is that he did not take any steps to find out the cause of heavy withdrawal of Rs. 50.56 lakhs on a single day by co-accused Dr. B.N. Sharma. He was Deputy Commissioner, Chaibasa from September, 1992 to July, 1995. He did not exercise control to prevent misappropriation of Government funds from Chaibasa treasury. The formal charge is identical in RC Nos.51(A), 20(A) and 68(A). It was further alleged by the prosecution that the accused had developed a nexus with co-accused persons and had obtained from co-accused as a reward for services rendered - a laptop and two printers for himself. The accused Sajal Chakraborty was convicted by the trial court for certain offences under sections 409, 420, 465, 467, 468, 471, 477A IPC. His conviction has been ultimately set aside by the High Court of Jharkhand vide judgment and order....
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....d with the help of different sets of accused persons. Though there is one general conspiracy, offences are distinct for different periods. Question arises whether there is one general conspiracy pursuant to which various defalcations of different amounts have been made running into several years from different treasuries, by different sets of accused persons. Whether there could have been only one trial or more than one. Whether legal requirement is for one trial or more than one in such cases. Article 20(2) of the Constitution is extracted hereunder : "20. (2) No person shall be prosecuted and punished for the same offence more than once." 17. Article 20(2) says that no person shall be prosecuted and punished for the same offence more than once. This is called the doctrine of double jeopardy. The objective of the Article is to avoid harassment, which may be caused by successive criminal proceedings, where the person has committed only one crime. There is a law maxim related to this, nemo debet bis vexari. This means that no man shall be put twice in peril for the same offence. There are two aspects of doctrine of jeopardy viz. Autrefois convict and Autrefois acquit. Autrefois c....
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.... of section 188 of this Code." 18. Section 300 refers to sections 220 and 221 Cr.PC. No doubt it appears that a person who has been convicted or acquitted of the "same offence" cannot be tried again considering the aforesaid provisions. Section 220(1) provides that if one series of acts is so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with and tried at one trial for every such offence. Section 220(1) is extracted hereunder : "220. Trial for more than one offence.--(1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence." 19. Section 221(1) is applicable where it is doubtful what offence has been committed. When a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved would constitute, the accused may be charged with having committed all or any of such offences and such charges can be tried together. 20. Chapter XVII deals with the form of charges. Section 212 deals with c....
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....ences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860 ) or of any special or local law: Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860 ) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence." 23. It is apparent from section 212 read with section 219 that there have to be separate trials for different years covering the period of more than one year. Same kind of offence is a different thing than the "same offence" for the purpose of sections 219, 220 or 300. The scheme of l....
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....of the impact of the evidence adduced in respect of other accused on the evidence adduced against him working to his detriment. Nor can it be said that such an omnibus charge or charges would always be in favour of the prosecution for the confusion introduced in the charges and consequently in the evidence may ultimately benefit some of the accused, as a clear case against one or other of the accused may be complicated or confused by the attempt to put it in a proper place in a larger setting. A Court should not be overzealous to provide a cover of conspiracy for a number of offences unless it is clearly satisfied on the material placed before it that there is evidence to prove prima facie that the persons who committed separate offences were parties to the conspiracy and they committed the separate acts attributed to them pursuant to the object of the said conspiracy." (Emphasis Supplied) 25. This Court in Ranchhod Lal v. State of Madhya Pradesh AIR 1965 SC 1248 has also considered the question of joint trial in the case of criminal breach of trust. It has been observed that normal rule is that there should be a charge for each distinct offence. Court is authorized to lump up the....
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....te trial with respect to each distinct offence of criminal breach of trust with respect to an individual item is the correct mode of proceeding with the trial of an offence of criminal breach of trust. (15.) Learned counsel for the appellant also relied on S. 234, Code of Criminal Procedure and urged that three offences of criminal breach of trust could have been tried at one trial as sec. 234 provides that when a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for any number of them not exceeding three. This again is an enabling provision and is an exception to sec. 233, Code of Criminal Procedure If each of the several offences is tried separately, there is nothing illegal about it. It may also be mentioned that the total number of items charged in the four cases exceeded three. (16.) Lastly, reference was made, on behalf of the appellant to sec. 235, Code of Criminal Procedure and it was urged that all these offences were committed in the course of the same transaction, and therefo....
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....in, if those offences are alleged not be wholly unconnected but as forming part of the same transaction the only consideration that will justify separate trials would be the embarrassment or difficulty caused to the accused persons in defending themselves." (Emphasis supplied) When several offences are alleged to have been committed by several accused persons this Court has laid down that normal rule is of separate trials. 28. In Sardar Sardul Singh Caveeshar v. State of Maharashtra (1964) 2 SCR 378, this Court considered the question of conspiracy in a case where the accused had first defrauded one Jupiter company and thereafter another company called Empire. Argument was raised that once having been convicted of conspiracy qua the Jupiter case, he could not be convicted qua company called Empire. This Court relying upon judgment in State of Bombay v. S.L. Apte (1961) 3 SCR 107 has laid down thus : "In the present case, applying the test laid down by this Court, the two conspiracies are not the same offence: the Jupiter conspiracy came to an end when its funds were misappropriated. The Empire conspiracy was hatched subsequently, though its object had an intimate connection wit....
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....se has negatived the contention of joint trials and amalgamation of trials in the aforesaid decisions. When parties are different, issue of estoppel would not arise. The substantive offence is that of defalcation. Conspiracy was an allied offence to the substantive offence. 31. Section 218 deals with separate charges for distinct offences. Section 219 quoted above, provides that three offences of the same kind can be clubbed in one trial committed within one year. Section 220 speaks of trial for more than one offence if it is the same transaction. In the instant case it cannot be said that defalcation is same transaction as the transactions are in different treasuries for different years, different amounts, different allotment letters, supply orders and suppliers. Thus the provision of section 221 is not attracted in the instant case. There are different sets of accused persons in different cases with respect to defalcation. 32. There may be a conspiracy in general one and a separate one. There may be larger conspiracy and smaller conspiracy which may develop in successive stages involving different accused persons. In the instant case defalcations have been made in various years....
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....n respect of the conviction herein reached." (Emphasis Supplied) (b) In Maqbool Hussain v. The State of Bombay (1953) SCR 730 this Court has laid down thus : "Appellant had smuggled gold into India and was booked u/s 167(8) of the Sea Customs Act, 1878 and subsequently when no one came to claim the gold, he was charged 11/8 8 0f FERA. He challenged this as violation of Art. 20(2). The Court analysed the scope of Art. 20(2) and held that the "prosecution" must be before a court of law or judicial tribunal. The plea of double jeopardy was discarded as it was held that the Customs authorities were not a judicial tribunal or court. For double jeopardy, the test is whether the former offence and the offence now charged have the same ingredients in the sense that the facts constituting the one are sufficient to justify a conviction of the other and not that the facts relied on by the prosecution are the same in the two trials." (c) In State of Bombay v. S.L. Apte (1961) 3 SCR 107 a Constitution Bench of this Court has laid down as to the issue regarding conviction under section 409 IPC and section 105 of Insurance Act. The submission of double jeopardy was repelled with respect to ....
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....here are two distinct and separate offences with different ingredients under two different enactments. a double punishment is not barred. The same set of facts can constitute offences under two different laws. An act or an omission can amount to and constitute an offence under the IPC and at the same time constitute an offence under any other law." (g) In State of Rajasthan v. Hat Singh & Ors. (2003) 2 SCC 152 this Court was dealing with vires of Rajasthan Sati (Prevention) Act, 1987. It was urged that sections 5 and 6 of new Sati Act were overlapping. It was held that with regard to Article 20(2) that subsequent trial or a prosecution and punishment are not barred if the ingredients of two offences are distinct. There can be separate offences from same set of facts and hence no double jeopardy. (h) In Monica Bedi v. State of Andhra Pradesh (2011) 1 SCC 284 this Court considered the meaning of the expression "same offence" employed in Article 20(2) and observed that second prosecution and conviction must be for the same offence. If the offences are distinct, there is no question of the rule as to double jeopardy being applicable. This Court has observed thus : "26. What is th....
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....an be separate trial for the same offence also. This Court has laid down thus : "52. It is well known principle that the rule against double jeopardy is based on a maxim nemo debet bis vexari pro una et eadem causa, which means no man shall be put in jeopardy twice for one and the same offence. Article 20 of the Constitution provides that no person shall be prosecuted or punished for the offence more than once. However, it is also settled that a subsequent trial or a prosecution and punishment has no bar if the ingredients of the two offences are distinct." 34. In the light of aforesaid discussion, it is appropriate to consider the submissions raised by Shri Surendra Singh, learned senior counsel appearing on behalf of Lalu Prasad Yadav. It was submitted by learned senior counsel that since the conspiracy was between 1988 and 1996 which included the period of 1994-1995, the conviction has been made on the charge of conspiracy from 1988 to 1996 which included all the treasuries of the erstwhile State of Bihar. There was no charge of separate conspiracy. Charges being similar in the cases which have been quashed. No case is made out for trial under section 120-B. Same and identica....
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....envisaged in section 212(2), obviously, there have to be separate trials. Thus it cannot be said to be a case of double jeopardy at all. It cannot be said that for the same offence the accused persons are being tried again. 36. Learned senior counsel has relied upon the decision of this Court in S. Swamirathnam (supra) in which the charge disclosed one single conspiracy, although spread over several years. There was only one object of the conspiracy, and that was cheating members of the public. The fact that in the course of years others joined the conspiracy or that several incidents of cheating took place in pursuance of the conspiracy, does not change the conspiracy and does not split up a single conspiracy into several conspiracies. The accused persons raised the submission as to misjoinder of the charges. This Court has dealt with the matter thus : "2. Both the courts below, relying on the oral and documentary evidence in the case, held it as a fact that there had been a conspiracy during the years 1945-48 to cheat members of the public between some of the accused and the approvers Ramaswami Mudaliar and Vellayam Pillai examined as P. Ws. 91 and 61 respectively. The method ....
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....case of Sharpurji Sorabji v. Emperor : AIR 1936 Bom 154 and on the case of Choragudi Venkatadari In re ILR 33 Mad 592. These cases are not in point. In the Bombay case no charge of conspiracy had been framed and the decision in the Madras case was given before Section 120-B, was introduced into the Indian Penal Code. In the present case, the instances of cheating were in pursuance of the conspiracy and were therefore parts of the same transaction." It is apparent from the aforesaid decision that this Court did not consider various provisions and question of double jeopardy did not arise for consideration. It was held in the facts that there was no prejudice to the accused persons. There was no misjoinder of the charges. On facts the case has no application and cannot be said to be an authority on Article 20 of the Constitution and section 300 Cr.PC. 37. In Srichand K. Khetwani's case (supra), accused were tried for an offence punishable under section 120-B read with section 409 and section 5(2) read with section 5(1)(d) of the P.C. Act. They were all convicted by the trial court. The conviction of the appellants was upheld. The prosecution case was that in pursuance of the conspi....
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....accused persons exist with the help of whom amount has been withdrawn in different years. It is not a case that only a few persons had benefited each and every year, when the facts are juxtaposed. Thus, it would be a case of different offences. The decision has no application and this Court was not concerned with the provisions of Article 20 or section 300 Cr.PC and other provisions relating to separate trial contained in the Cr.P.C. 38. Another decision relied upon by learned senior counsel is Mohd. Hussain Umar Kochra etc. v. K.S. Dalipsinghji & Anr. AIR 1970 SC 45. The facts indicate that 40 accused persons were at Bombay and other places from 1.11.1956 to 2.2.1959 and were parties to a continuing criminal conspiracy, to acquire possession of, carry, remove deposit harbor, keep concealed and deal in gold and knowingly to be concerned in fraudulent evasion of duty chargeable on gold and of the prohibition and restriction applicable thereto and committed an offence under section 120B IPC read with section 167 (81) of Sea Customs Act, 1878. On other counts the accused persons were charged individually with offences punishable under section 167. The scheme was that necessary financ....
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....es a separate conspiracy. The common intention of the conspirators then is to work for the furtherance of the common design of his group only. The cases illustrate the distinction between a single general conspiracy and a number of unrelated conspiracies. In S.K. Khetwani v. State of Maharashtra ,S. Swaminatham v. State Madras the Court found a single general conspiracy while in R. v. Griffiths [1965] 2 All E.R. 448 the Court found a number of unrelated and separate conspiracies. 16. In the present case, there was a single general conspiracy to smuggle gold into India from foreign countries. The scheme was operated by a gang of international crooks. The net was spread over Bombay, Geneva, Beirut and Bahrein. Yusuf Merchant and Pedro Fernandes supplied the brain power, Murad Asharanoff remitted the funds, Lakshmandas Kochra and Rabiyabai supplied the finances, Pedro Fernadez and the Shuhaibar brothers sent the gold from Geneva and the Middle East, carriers brought the gold hidden in jackets, mechanics concealed and removed gold from aircrafts and others helped in contacting the carriers and disposing of the gold. Yusuf, Pedro and Murad and Lakshmandas were permanent members of the....
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....ons by not making separate trials. 39. The modus operandi being the same would not make it a single offence when the offences are separate. Commission of offence pursuant to a conspiracy has to be punished. If conspiracy is furthered into several distinct offences there have to be separate trials. There may be a situation where in furtherance of general conspiracy, offences take place in various parts of India and several persons are killed at different times. Each trial has to be separately held and the accused to be punished separately for the offence committed in furtherance of conspiracy. In case there is only one trial for such conspiracy for separate offences, it would enable the accused person to go scotfree and commit number of offences which is not the intendment of law. The concept is of 'same offence' under Article 20(2) and section 300 Cr.PC. In case distinct offences are being committed there has to be independent trial for each of such offence based on such conspiracy and in the case of misappropriation as statutorily mandated, there should not be joinder of charges in one trial for more than one year except as provided in section 219. One general conspiracy from 198....
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....by the High Court and the conviction recorded by the trial court has been set aside. Finding had been recorded by the High Court that there was no mechanism with the respondent to check illegal withdrawal from treasury. Receiving of laptop and illegal gratification has not been proved as a reward and the accused did not take any step to find out causes of heavy withdrawal of Rs. 50.56 lakhs in a single day by co-accused Dr. B.N. Sharma. Learned counsel has further submitted that earlier there was no such practice to send the yearly allocation information to the Deputy Commissioner. Thus the CBI cannot try the accused on the basis of same allegations de novo. There is no role of the accused in preparation of different fake bills. The prosecution of the respondent is for the same offence in RC 20A/96 and RC 68A/96 for which he has already been acquitted in RC No.51A/96. Learned counsel had also submitted that for each separate bill, separate FIR should have been registered in case CBI stand is accepted. It was a series of acts forming part of the same transaction. It is unclear as to which of the several offences related to each bill during the tenure as District Collector was commit....
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....nd section 235 of old Code corresponding to section 220 of Cr.P.C. in which this Court has observed : "6. The charge could have been split up into two charges, one with respect to the offence of criminal breach of trust committed with respect to be amount embezzled between March 6, 1949 and March 5, 1950 and the other with respect to the amount embezzled between March 6, 1950 and June 30, 1950. The two offences of criminal breach of trust could have been tried together in the present case, as the offences were said to have been committed in pursuance of the criminal conspiracy entered into by the accused. All the offences committed in pursuance of the conspiracy are committed in the course of the same transaction and therefore can be tried together at one trial, in view of sub-s. (1) of s. 235 of the Code which provides that if in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with and tried at one trial for every such offence. It is therefore clear that no prejudice was caused to the accused by the defect in the charge." (Emphasis Supplied) The question of amalgamation and join....
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....rd to his status as on the later date cannot be estopped. Being a gipsy was not a permanent disposition. Lord Diplock held that issue estoppel, in criminal proceedings takes the form of the 'rule against double jeopardy'. In that sense, issue estoppel is distinct when applied to civil and criminal proceedings. In similar light, rejecting the application of issue estoppel to the facts of that case, Lord Parker, CJ held: "I am by no means convinced, for reasons into which I find it unnecessary to go, that the doctrine as applied in civil cases has any application in criminal cases at all. I will, however, assume for the purposes of this case that it has. Even so, I am satisfied that it has no application in the present case, since the issue determined on the earlier occasion was that the defendant was not a gipsy on December 22, 1965, whereas the issue to be determined on the second occasion was whether he was a gipsy on March 13, 1966." 46. On the issue of estoppel, learned Solicitor General has relied upon Masur Khan v. State of U.P. (1974) 1 SCR 793 thus : "The Appellant pleaded on the ground of issue estoppel. The issue was regarding his citizenship. Earlier, he had been pros....
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.... to raise the plea of issue of estoppel before evidence is recorded for different sets of accusations of different offences for different periods. Then it is difficult to say that prosecution would be bound by the finding in a previous trial on a similar issue of fact and there may not be any contradiction if the periods are different and with respect to culpability for different periods and without fear of contradiction, separate findings can be recorded. In what manner the duty has been carried on for different periods would be the question of fact in each case and there is no question of double jeopardy in such a case. 50. We are constrained to observe that the same learned Judge had taken a different view in Dr. R.K. Rana's case on the basis of same facts, and same question of law in the same cases. Judicial discipline requires that such a blatant contradiction in such an important matter should have been avoided. The order passed in the case of Dr. R.K. Rana was on sound basis and though the court had noted that there was some overlapping of facts but the offences were different, it, however, has taken a different view in the impugned order for the reasons which are not under....
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.... department to another is not sufficient explanation for condoning abnormal delay. Condonation of delay is an exception and should not be used as an anticipated benefit for the Government department. The case was investigated by CBI from beginning to end and the CBI Manual provides mechanism for filing appeal expeditiously. The CBI was bound by its Manual and in violation of the provisions contained in Manual without sufficient explanation, the delay cannot be condoned. 53. Reliance was also placed on Ajit Singh Thakur & Anr. v. State of Gujarat 1981 (1) SCC 495, which has been approved in Pundlik Jalam Patil (D) by Lrs. v. Exe. Engg. Jalgaon Medium Project & Anr. (2008) 17 SCC 448 that as per the conduct of the appellants they are not entitled for condonation of delay, more so, in view of the decision in Binod Bihari Singh v. Union of India (1993) 1 SCC 572 as t*here was suppression as to when the judgment was applied or received. CBI Manual has a statutory force as held in Vineet Narain & Ors. v. Union of India & Anr. (1998) 1 SCC 226 and the guidelines as to time frame should have been strictly adhered to as observed by this Court. 54. On the other hand, learned Solicitor Gene....