Insistence for search warrant against Lodha and his accomplices

Kolkata, Sep 2 (UNI) The hearing of the application for search warrant filed against R S Lodha, S N Prasad and S K Daga resumed today before the Chief Judicial Magistrate in Alipore Court.

Appearing for complainant R P Pansari, Advocate General Balai Chandra Ray submitted on the utmost need for procuring the documents pertaining to five trusts of late M P Birla and Priyamvada Birla as they were vital evidence'' for the complainant in prosecution and for the ascertainment of truth by the court.

While placing facts of the case, Mr Ray submitted that it was interesting to note the contradictions in the replies by Lodha and one of his associates S N Prasad.

''Lodha, on one hand, said that he reserved his right to contend that the impugned trusts never existed whereas S N Prasad had stated in his reply that except for documents of dissolution of the Trust, no other trust documents are in his possession, he said.

Nothing that if the Trusts or the documents did not exist, where was the question of their dissolution. Moreover, how could Lodha contend in his reply that the documents were in the custody of the complainant and the secretary of Ms Birla unless he had knowledge of their existence and whereabouts? Seeking to refute the ''lame'' excuses of Lodha, Mr Ray stated that the contradictory statements of the two accused were the key to the conspiracy hatched between them, which demanded that search warrant be issued immediately.

Mr Ray also brought the fallacies to the notice of the court in the contentions of Lodha that the documents may be required by him for other proceedings and their procuration by the complainant will cause prejudice to his defence in other litigations.

This statement of Lodha itself implies that the documents are in existence and are in his possession.

The CJM has fixed further hearing on September 16.

UNI XC SJC VD RK1800