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2021 Supreme(Kar) 501

JOHN MICHAEL CUNHA
Wellworth Software Pvt. Ltd. – Appellant
Versus
CBI/ACB, Bengaluru Represented By Its Panel Counsel – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. Sandeep S. Patil, Advocate
For the Respondent: SRI. Prasanna Kumar P., SPL. P.P.

ORDER :

1. These two petitions are preferred against the orders passed by the LXXXI Addl. City Civil and Sessions Judge, Bengaluru, rejecting the applications filed by the petitioners under Sections 451 and 457 of Cr.P.C.

2. The undisputed facts are that during course of investigation into the FIR registered against one Sri. D.K. Shivakumar under Section 13(2) read with Section 13(1)(e) of PC Act, 1988, respondent-CBI police conducted a search in the company premises of M/s. Wellworth Software Private Limited (petitioner in Crl.P.No.687/2021) and in the residence of one Sri. Sachin Narayan (petitioner in Crl.P.No.693/2021) and cash of Rs.47,98,000/-and another bundle of cash of Rs.5,48,000/-were seized and the same was produced before the learned Special Judge.

3. M/s. Wellworth Software Private Limited as well as the aforesaid Sri. Sachin Narayan moved separate applications under Sections 451 and 457 of Cr.P.C. claiming interim custody of the seized cash. The contention of M/s. Wellworth Software Private Limited was that the cash of Rs.47,98,000/-was seized from its office premises as indicated in the seizure memo and the contention of Sri. Sachin Narayan was that a sum of Rs.5,48,00

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