Andhale demands CBI produce review register before court

PUNE: The framing of charges against deputy commissioner of police Pradeep Sawant and senior inspector Vashist Andhale was again deferred till December 4 after Andhale filed an application before the special court to direct the Central Bureau of Investigation (CBI) to produce the adhava (review) register in the fake stamp paper scam.
The register seized by the Sahara police crime branch containing names of several persons, including the policemen involved in the scam, is a vital piece of evidence.Sawant is posted at the state anti-terrorism squad and Andhale at the Malwani police station in Mumbai.
The police officers appeared before the special judge S N Sardesai for framing of charges against them. Lawyers Shrikant Shivade and Shailendra Naik appeared on behalf of Sawant and Andhale. Special public prosecutors Raja Thakare and Avdhut Chimalkar appeared on behalf of the CBI.
Andhale filed an application under section 91 of the Code of Criminal Procedure (CrPC), 1973, and pleaded to defer the framing of charges and issue directions to the CBI to produce the register.
Andhale has also prayed to make a reference to the division bench of the Bombay High Court to discharge him from the case if the CBI was not willing to produce the register.
According to Andhale, his involvement in the scam cannot be based on the basis of confessional statements of the accused, statements of prosecution witnesses as these statements are connected to the register which is a material document for sustaining the allegations against him.
Andhale said he cannot be convicted on confessions and statements and that he deserves to be acquitted as non production of register is fatal to the case.
The application states that the register is vital to show his involvement in the organised crime syndicate and the court should not ignore its non production.
Andhale has placed its reliance on apex court judgements to ensure that the register is produced before the charges were framed.
The application states that there is no material on record alleging disappearance/ destruction of register and that nothing was recovered from him. It further states that the approach of prosecution was not in consonance of the law as laid down by the apex court.
The framing of charges was also deferred as senior lawyer Vijay Nahar, who is representing Andhale, did not turn up before the court.
Sardesai has asked the prosecution to file its say on Andhale's plea.
CBI prosecutor Raja Thakare told TOI that the Sahara police crime branch which had prepared the register in the early 2000 while conducting an inquiry in the scam case had gone missing.
Thakare said the CBI had not recovered the register during investigations. The CBI had only received a copy of the register by post, he added.