K.CHANDRU
Durai Murugan – Appellant
Versus
Deputy Superintendent of Police, Vigilance and Anti Corruption – Respondent
The legal document discusses the investigation process related to allegations of disproportionate assets under the Prevention of Corruption Act, 1988. It emphasizes that the investigation is an executive function, carried out by the police, and that the accused has no right to influence or participate in the manner and method of investigation until the trial stage (!) (!) . The court clarifies that the opportunity for the accused to explain assets and resources is to be provided during the trial, not before or during the investigation (!) .
The document underscores that the burden of proving the possession of disproportionate assets lies with the prosecution, and the accused is required to satisfactorily account for assets during the trial stage (!) (!) (!) . The investigation's role is limited to collecting evidence without the necessity of giving the accused an opportunity to explain assets beforehand (!) (!) .
It also highlights that the investigation process should be unbiased and thorough, with the investigating officer responsible for assessing the value of assets and income without suppression or inflation (!) (!) (!) (!) (!) . The accused’s right to be heard on the issue of assets arises only during the trial, not during the investigation, and no violation of natural justice occurs if this opportunity is not provided earlier (!) (!) .
Furthermore, the document stresses that the investigation is a preliminary inquiry, and the role of courts is limited at this stage, except in cases where proceedings may be quashed to prevent abuse of process, which is not applicable here (!) (!) (!) .
In conclusion, the court dismissed the writ petition, affirming that the investigation and the manner of collecting evidence are within the exclusive domain of the executive authorities, and the accused's right to explain assets is reserved for the trial stage (!) (!) .
1. The petitioner is a member of the legislative Assembly from Katpadi constituency and claims to be the Deputy General Secretary of the Dravida Munnetra Kazhagam (DMK), a registered political party. He was also a former minister during the tenure of the previous Government.
2. The short question that arises for consideration in this writ petition is whether the petitioner should be given one more opportunity by re-issuance of a final opportunity notice in the investigation into the disproportionate Assets case registered against him?
3. The petitioner by a notice dated 11.3.2012 issued by the Deputy Superintendent of Police, Vigilance and Anti Corruption, Vellore, was directed to sent his replies in response to a questionnaire form given on or before 20.3.2012. He was informed that if he did not appear and give his statement or if he expressed his intention not to give any reply, it will be presumed that he has no explanation to offer and further criminal investigation will take place. The petitioner challenging the said notice filed a writ petition before this court in W.P.No.8391 of 2012.
4. This court disposed of the writ petition by an order dated 10.04.2012 afte
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