G. B. PATNAIK, J.

( 1 ) THE order of the learned Special Court dated 11-11-1993 in Special Court Case No. 12 of 1993 refusing the petitioner's prayer for discharge is being challenged in this writ application.

( 2 ) THE petitioner is the accused before the learned Special Court and is facing a charge under Section 13 (2) read with Section 13 (1) (e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "act") on the allegation that he was found to be in possession of assets disproportionate to his known sources of income to the tune of Rs. 5,49,060. 31 paise which he acquired by corrupt and illegal means by abusing his official position as the Chief Minister of Orissa during the period from 9-6-1989 to 7-12-1989. Before the learned Special Court, an application was filed on behalf of the accused-petitioner under Section 227 of the Code of Criminal Procedure (hereinafter referred to as the "code") indicating therein that as there is no sufficient ground for proceeding against the accused, the Court shall discharge the accused. The entire basis of the petitioner's case in the application for discharge was that the prosecution has not taken into consideration one