The All India Reporter 1952 - Tripura Section Citation: A.I.R. (39) 1952 Tripura

In that statement of the accused it is written "and took the envelope from me. " From this the learned Government Advocate argues that the envelope containing the G. C. notes was taken by the police from the possession of the accused and the statement given about it in the seizure list is correct. [...] Under the circumstances the presumption can be fairly drawn that the accused knew the contents of the seizure list at the time of his signing it with the above said note. [...] In the meantime constitutional changes happened and the State was merged with the centre, resulting in the abolition of the Privy Council and the establishment of the Judicial Commissioner's Court. [...] Pending proceedings : (1) "Any proceeding pending in a Court immediately before the commencement of this Order shall, upon the commencement of this Order, be deemed to be transferred to the Court exercising the jurisdic- tion under this Order which corresponds as far as may be, to the jurisdiction of the Court in which the proceeding was pending, and the Court to which the proceeding is transferre [...] Under the circum- stances, the statements of the independent wit- nesses contradict the statement of the Thana Officer. " (10) As discussed above in the 2 judgments the evidence of this investigating officer in the case could not be relied upon and it has been rightly discarded.