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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
V. Dilip Singh Bhonsle – Appellant
Versus
The Inspector of Police, SPE/CBI/ACB/Chennai – Respondent
Criminal Appeal No. 10 of 2013
Decided On : 15-06-2023
Criminal Appeal - Conviction under Section 13(2) r/w 13(1)(e) of Prevention of Corruption Act, 1988 - [Section 13(2) r/w 13(1)(e) of P.C. Act, 1988] - The judgment discusses the investigation, evidence, and legal principles related to the possession of disproportionate assets by the accused. It highlights the failure of the prosecution to provide a satisfactory explanation for the assets, the misinterpretation of the law by the trial court, and the importance of placing the accused's explanation before the sanctioning authority and the court for proper appreciation.
Fact of the Case:
The appellant, a public servant, was found in possession of disproportionate assets. The trial court convicted him under Section 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988. The appellant challenged the conviction, alleging biased investigation and improper appreciation of evidence by the trial court.
Finding of the Court:
The trial court's judgment was set aside due to fundamental errors in the investigation and misinterpretation of the law. The court highlighted the prosecution's failure to provide a satisfactory explanation for the assets, the omission to place the accused's explanation before the sanctioning authority, and the misquotation of legal principles by the trial court.
Issues: The issues revolved around biased investigation, failure to provide a satisfactory explanation for the assets, misinterpretation of the law by the trial court, and the omission to place the accused's explanation before the sanctioning authority and the court for proper appreciation.
Ratio Decidendi: The court emphasized the importance of providing a satisfactory explanation for disproportionate assets, the need to place the accused's explanation before the sanctioning authority and the court, and the correct interpretation of legal principles related to the possession of disproportionate assets by public servants.
Final Decision: The judgment of conviction and sentence passed by the trial court was set aside. The Criminal Appeal was allowed, and any fine amount paid by the accused was ordered to be refunded. The appellant was to be released unless his presence was required in connection with any other case.
JUDGMENT
(Prayer: Criminal Appeal has been filed under Section 374 of Cr.P.C., against the judgment of conviction passed by the learned IX Additional Special Judge for CBI Cases, City Civil Court, Chennai made in C.C.No.20 of 2008 dated 26.12.2012.)
The appellant is an accused in C.C.No.20 of 2008 on the file of the IX Additional Special Judge for CBI Cases, City Civil Court, Chennai.
2. The case of the prosecution:-
Based on a source information, a case in RC MA.1/2007/A/0023 was registered on 30.05.2007 by SPE/CBI/ACB/Chennai, against the appellant V.Dilip Singh Bhonsle working as Conservation Assistant, Grade-II, Archaeological Survey of India, Mamallapuram Sub Circle, Kanchipuram District, Tamil Nadu under Section 13(2) r/w 13(1)(e)of Prevention of Corruption Act, 1988 and the investigation was taken up.
3. The investigation disclosed that the appellant, during his service while functioning as a public servant in the Archaeology Department as Conservative Assistant from 01.09.2000 to 12.06.2007 at Kanchipuram and other places in Tamil Nadu, amassed wealth in his name and in the name of his family members to the tune of Rs.34,74,387/- and he had incurred major expenditures on immovable and movable properties, vehicle, house hold articles etc. to the tune of Rs.4,24,105/- and thus, he had in possession of pecuniary resources to an amount of Rs.38,98,492/- against his known sources of income to the tune of Rs.14,11,226/- and thus, the accused was found in possession of disproportionate assets to the tune of Rs.24,87,266/- for which he could not satisfactorily account for.
4. The appellant had purchased an agricultural land to the tune of Rs.50,701/- on 21.08.1995 and he sold the said property on 22.03.2004 for Rs.1,94,500/- and thus, he had derived an income of Rs.1,43,799/- and the same has been shown as income during the check period. The accused had purchased a house plot No.2, measuring about 2178 sq.ft at Gandhi Nagar, Kanchipuram in the name of his wife Smt.Shoba Devi on 25.07.1990 to the tune of Rs.11,360/- and the same was sold to Thiru.R.Vikraman of Kanchipuram on 17.06.2004 for Rs.50,000/- and thus, had derived an income of Rs.38,640/- out of the said property and the same has been shown as income during the check period. Thus, the value of the immovable assets acquired by the accused at the beginning of the check period i.e. 01.09.2000 has been shown as “Nil”. The accused was found in possession of movable assets at the beginning of the check period as per the inventory proceedings prepared on 12.06.2007 (excluding the movable assets acquired during the check period) to the extent of Rs.14,364/-. The movable assets worth of Rs.6,800/- were found available in locker No.C/18 at SBI, Mamallan Nagar, Kanchipuram during the locker operation conducted on 20.06.2007, which is in possession of the appellant or in the name of his family members before the check period.
5. Thus, the accused was found in possession of assets to the extent of Rs.21,164/- at the beginning of the check period i.e. as on 01.09.2000. It was found that the accused had acquired immovable assets during the check period from 01.09.2000 to 12.06.2007 to the value of Rs.32,55,721/-. Further, it was found that the accused had acquired movable assets during the check period to the extent of Rs.1,69,742/-. Further, it was found that the appellant had acquired movable assets which were available in locker No.C/18 at SBI, Mamallan Nagar, Kanchipuram to the extent of Rs.8,800/-. The value of the movable assets in the name of STDRs and cash available in the bank accounts of the appellant discovered at the time of the house search operation conducted on 12.06.2007 was found to be Rs.61,288/-.
6. In short the investigation concluded in filing the charge sheet stating the immovable and movable assets acquired by the appellant at the end of the check period i.e as on 12.06.2007 in his name and in the name of his family members are to the extent of Rs.34,95,551/-. The inco
The prosecution must prove beyond reasonable doubt that a public servant possesses assets disproportionate to their known income.
The court reaffirmed the significance of lawful procedures in asset seizure under the Prevention of Corruption Act, emphasizing the requirement for evidentiary clarity regarding asset ownership.
In a prosecution for the possession of disproportionate assets, once the prosecution proves the public servant's known sources of income and the value of assets found in their possession, the burden ....
The main legal point established in the judgment is the requirement for valid sanction under the Prevention of Corruption Act, as well as the importance of accurate valuation of assets and properties....
The trial court erred in acquitting the respondents, as evidence depicted assets acquired disproportionately to known income sources under the Prevention of Corruption Act.
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