• Production of original documents/house search panchnama

Trap case registered by anti corruption bureau 2002, house searrch panchnama done at residence 2002. Acquitted in trap case 2009.
Disproportionate assattes case was registered in 2004 based on house search panchnama
done in 2002 during trap case and one more house search panchnama in 2004.
charge sheet in DA (Disproportionate Assets)case filled in 2013. Trial started now after framming charges. Prosecution not able to produce original house search panchnama of 2002(based on which
Disproportionate assetts DA case registered). Is it necessary to produce the same?
what re consequences.
Asked 2 years ago in Criminal Law from mumbai, Maharashtra
Religion: Hindu
1)In a case of this kind, the foundational requirement is the correctness of the
valuation of the property being the basis of the assessment of the alleged disproportionate assets. 

2) case of State of
Maharashtra vs. Wasudeo Ramchandra Kaidalwar :
(1981)3 SCC 199, 
Paragraph 13 referred to is reproduced below:-
“13. …………………..The ingredients of the
offence of criminal misconduct under Section 5(2)
read with Section 5(1)(e) are the possession of
pecuniary resources or property disproportionate to
the known sources of income for which the public
servant cannot satisfactorily account. To
substantiate the charge, the prosecution must prove 
the following facts before it can bring a case under
Section 5(1)(e), namely, (1) it must establish that
the accused is a public servant, (2) the nature and
extent of the pecuniary resources or property which
were found in his possession, (3) it must be proves
as to what were his known sources of income i.e.
quite objectively, that such resources or property
found in possession of the accused were
disproportionate to his known sources of income.
Once these four ingredients are established, the
offence of criminal misconduct under Section 5(1)(e)
is complete, unless the accused is able to account
for such resources or property. The burden then
shifts to the accused to satisfactorily account for his
possession of disproportionate assets. The extent
and nature of burden of proof resting upon the
public servant to be found in possession of
disproportionate assets under Section 5(1)(e) cannot
be higher than the test laid by the court in Jhingan
case, i.e. to establish his case by a preponderance of
probability………………” [emphasis supplied]

3) without house panchanma the prosecution will fail to establish that you had assets exceeding your income 
Ajay Sethi
Advocate, Mumbai
35256 Answers
1955 Consultations

5.0 on 5.0

In C.S.D. Swami (Supra), it has been held
by the Hon’ble Supreme Court that in Section 5(3) of
the P.C. Act, 1947, a complete departure has been
made from criminal jurisprudence still the initial burden
lies on the prosecution and in that context it has been
observed as follows:-
“(4) It is true that S. 5(3) of the Act, does
not create a new offence but only lays down a rule
of evidence, enabling the court to raise a
presumption of guilt in certain circumstances – a
rule which is a complete departure from the
established principle of criminal jurisprudence that
the burden always lies on the prosecution to prove
all the ingredients of the offence charged, and that
the burden never shifts on to the accused to
disprove the charge framed against him. …..”
Ajay Sethi
Advocate, Mumbai
35256 Answers
1955 Consultations

5.0 on 5.0

If the panchnama isn't formally proved by way of exhibiting the same the da case will be adversely affected.
However if there is other cogent evidence to support da allegations then nothing to worry.
Devajyoti Barman
Advocate, Kolkata
9404 Answers
114 Consultations

5.0 on 5.0

The house panchnama is the base for this case and an essential document.
Non production of the original house panchanama report may prove fatal to the prosecution case and may benefit the accused  when the prosecution is not able to prove the case beyond reasonable doubts.  
The benefit of doubt will be given to accused, in the result he may be acquitted 
T Kalaiselvan
Advocate, Vellore
25230 Answers
248 Consultations

5.0 on 5.0

yes, it is mandatory because on the based of that punchnama the case was registered, the accused may be get acquittal.
Nadeem Qureshi
Advocate, New Delhi
4295 Answers
189 Consultations

4.9 on 5.0

It is absolutely necessary to produce the house search panchnama. If it has not been produced then this is a circumstance which goes on to demolish the case of prosecution.
Ashish Davessar
Advocate, Jaipur
21361 Answers
572 Consultations

5.0 on 5.0

1. Yes, it is the only document based on which the said DA case was filed,

2. It is mandatory to submit the said document in original,

3. In absence of the same, the DA case is liable to be dismissed
Krishna Kishore Ganguly
Advocate, Kolkata
15158 Answers
366 Consultations

5.0 on 5.0

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