CRR No.274 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.M. No.6158 of 2011 in/and C.R.R. No.274 of 2011 (O&M) Date of Decision: 04.10.2011 Harinder Singh Rana @ Tinu @ Mokha …Petitioner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. Gautam Dutt, Advocate for the petitioner. Mr. Man Mohan Sikka, D.A.G., Haryana. AJAY TEWARI, J. (ORAL) C.M. No.6158 of 2011 For the reasons recorded, application is allowed. Delay of 43 days in filing the present revision petition is condoned. C.R.R. No.274 of 2011 (O&M) This revision petition has been filed challenging the order dated 21.09.2010 passed by the learned Additional Sessions Judge, CRR No.274 of 2011 (O&M) -2- Panchkula, whereby the charges have been framed against the petitioner. On 09.02.2011 the following contention was noticed:- “Learned counsel has argued that the alleged recovery made on the basis of the alleged disclosure statement of the petitioner was completely illegal and thus vitiates even the evidence which may have been alleged to have been unearthed viz. currency amounting to Rs.1 lac.” Learned counsel for the petitioner has argued that the alleged recovery was made from a house which had been sealed by the U.T. police and it is on this ground he made the above said argument on 09.02.2011. Learned Deputy Advocate General has accepted these factual assertions and has very fairly stated that in these circumstances the evidence which may be led would be inadmissible. In the circumstances, on this short ground this revision petition is allowed. The impugned order dated 21.09.2010 is set aside. ( AJAY TEWARI ) October 04, 2011 JUDGE ashish