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IN THE HIGH COURT OF DELHI AT NEW DELHI
Anu Malhotra, J.
Arvind Kumar - Appellant
Versus
C.B.I. - Respondent
Crl. M.C. 3927/2017& Crl. M.C. 4556/2018
Decided On : 31-08-2022
| Table of Content |
|---|
| 1. challenge to defreeze bank accounts and release property documents. (Para 1 , 2 , 3) |
| 2. prosecution's claim of disproportionate assets. cbi's seizure of property related to alleged crime. (Para 10 , 12 , 14 , 35 , 66) |
| 3. invocation of section 102 cr.p.c. regarding asset seizure and associated rights. (Para 24 , 30 , 60 , 72) |
| 4. final dismissal of petitions regarding property and financial documents. (Para 75 , 86) |
| 5. discussion on property laws and seizure under cr.p.c. (Para 76 , 78) |
JUDGMENT
Anu Malhotra, J. - Both the petitions i.e. CRL.M.C. 3927/2017 and CRL.M.C. 4556/2018 are taken up together for consideration in view of the factum that they arise out of the proceedings in relation to RC No. 4(A)/08/ACU IX/CBI/ND dated 18.12.2008, whereby, the charge sheet was submitted under Sections 13 (2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988 and Section 109 of the INDIAN PENAL CODE , 1860.
Crl. M.C. 3927/2017
2. Vide CRL.M.C. 3927/2017, the petitioner thereof Arvind Kumar arrayed as accused no.1 in the said charge sheet has sought the setting aside of the impugned order dated 07.10.2016 of the Court of the learned Special Judge-03, (P.C. Act) (CBI), Patiala House Courts, New Delhi and has also sought directions to defreeze the bank accounts held by him and has also sought the release of the property documents pertaining to Plot No.55, Sector-43, HUDA, Gurgaon without any stipulation with it having also been prayed by the said petitioner that the respondent/ CBI be directed to pay the enhanced price, interest and other charges to HUDA payable pending adjudication of the matter apart from costs of the petition.
3. Vide the impugned order dated 07.10.2016, the application filed by the petitioner- Arvind Kumar (A-1) dated 26.08.2014 seeking defreezing of all his bank accounts which are detailed as under:-
'Sr. No. | Bank & Branch Sources of Deposits | A/c No. & Type | Amount (Rs.) |
1. | UCO Bank Tarapur, Munger district, Bihar, Sl. no. (ix) of Statement B of the Charge Sheet at Page 27 (Agriculture Income) | Saving Account no. 7254 | 33,587.00 |
2. | State Bank .of India, Wilsan Garden Branch, Bangalore. It was opened at Asarganj near Tarapur in Bihar State and subsequently was transferred to Kolkata and from there to Bangalore. Sl. no. (v) of Statement B of the Charge Sheet at Page 27 (Agriculture Income) | Saving Account no. 1095583954 | 49,833.00 |
3. | United Bank of India, Dalhousie Square, Kolkata, Sl. no. (iv) of Statement B of the Charge Sheet at Page 27 (Fixed Deposits from Salary Income while posted at Kolkata) | CDR No. 589100011334 | 58,834.00 |
4. | United Bank of India, Dalhousie Square, Kolkata, Sl. no. (xi) of Statement B of the Charge Sheet at Page 27 (Salary Account while posted at Kolkata) | Saving Bank Account 90042 | 9,174.00 |
5. | State Bank of India, Kankarbagh, Patna, Sl. no. (xii) of Statement B of the Charge Sheet at Page 27 (Account was transferred from SBI Malda, West Bengal. Salary income while posted at Malda and Patna) | Saving Bank Account 10533937259 | 79,641.00 |
6. | State Bank of India, Maligaon, Guwahati, Sl. no. (vi) of Statement B of the Charge Sheet at Page 27 (Salary account while posted at Guwahati) | Saving Account no. 10452044675 | 2,94,562.00 |
7. | State Bank of India, Maligaon, Guwahati, Sl. no. (vii) of Statement B of the Charge Sheet at Page 27 (Deposits from salary receipts while posted at Guwahati) | PPF Account No. 10452060200 | 60,000.00 |
8. | State Bank of India, Wilson Garden Branch, Bangalore, Sl. no. (iii) of Statement B of the Charge Sheet at page 26 (Money transferred from Salary account of SBI Maligaon/ Guwahati of 7 years, and income from sale of two plots vide item no. (ii) and (iii) of the charge sheet of Rs.15,04,975) | Account no. 30614955532 TDR No. 30398668754 | 18,00,000.00 |
9. | Axis Bank Ltd, Main Road, Bangalore, Sl. no. (viii) of Statement B at Page 27 of the Charge Sheet (Salary account while posted at Banglore) | Savings Account 009010101428744 | 2,30,556.00 |
|
| Total | 26,16,187.00 |
and vide which application he also
AI
Seizure of bank accounts and bank locker under Section 102 Cr.P.C is lawful if they have direct links with the alleged offence, and the transfer of seized property from one case to another can be jus....
Taxation - De-freezing of accounts - Illegal gratification/kickbacks in bank account - Amount which does not relate to impugned transaction alongwith interest accrued thereon be directed to be releas....
The main legal point established in the judgment is that the procedure for freezing bank accounts under the Unlawful Activities (Prevention) Act, 1967, specifically Section 25, is directory in nature....
The Prevention of Corruption Act being a complete code and a Special Act excludes the application of Section 102 Cr.P.C in the matter of attachment or seizure of property relating to offences committ....
The provisions of the Criminal Law (Amendment) Ordinance, 1944, for the continuation of attachment during an appeal apply only to assets attached under the Ordinance.
The procedure for attachment or seizure of property relating to offences under the P.C. Act is governed by the provisions of the Criminal Law Amendment Ordinance, 1944 and not Section 102 Cr.P.C.
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