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1982 Supreme(SC) 198

O. CHHINNAPPA REDDY
Mirza Iqbal Hussain Through Askari Begum – Appellant
Versus
State Of U. P. – Respondent


Advocates:
DALVIR BHANDARI, Ravindra Narayan

Judgment

By a judgment dated Feb. 16, 1976 the learned Special Judge, Deoria, convicted the appellant under Section 5 (1) (e) of the Prevention of Corruption Act, 1947 on the charge that during the period of his office as a police constable, he was found in possession of property disproportionate to his known sources of income, for which he could not satisfactorily account. The learned Special Judge directed that the two fixed deposit receipts in the sum of rupees five thousand each and the cash amount of Rs. 5,280/- which were seized from the house of the appellant and which formed the subject matter of the charge under S. 5 (1) (e) shall stand confiscated to the State. The appellant filed an appeal against the judgment of the Special Judge to the High Court of Allahabad but that appeal was dismissed. No point was raised in the High Court that the order of confiscation passed by the trial Court was either without jurisdiction or was not called for on the facts of the case.

2. In this appeal by special leave, the only point raised by Mr. Bana on behalf of the appellant is that the learned Special Judge had no jurisdiction to pass an order of confiscation. We see no substance in t






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