J.B.KOSHY, K.HEMA
V. K. Rajan – Appellant
Versus
State of Kerala – Respondent
Koshy, J.
In all these cases, main questions to be considered are common. Validity of the Criminal Law (Amendment) Ordinance, 1944 (hereinafter referred to as 'the Ordinance') and jurisdiction of District Judge under the Ordinance after enactment of the Prevention of Corruption Act, 1988 (in short 'P.C. Act') are the main questions to be considered in these cases. In Crl. Appeal No.1400 of 2007 appellant was facing investigation for the case registered against him for the offence punishable under Section 13(2) read with Section 13(1)(e) of the P.C. Act alleging that the appellant had amassed wealth disproportionate to his income. The check period is 1.1.1994 to 12.5.2005. While the investigation was continuing, an application was filed by the Investigating Officer before the District Court for attachment of his properties invoking provisions of Section 3 and 5 of the Ordinance. The District Court passed an order attaching certain properties scheduled in the petition. When the case came up for admission, after admitting the appeal, referred the case to Division Bench as some important questions of law are involved in this case. When petition for attachment was filed under
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