Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Damodar Das – Appellant
Versus
State of Odisha, Department of Vigilance – Respondent
| Table of Content |
|---|
| 1. commencement of the criminal appeal under the orissa special court's act (Para 1 , 2) |
| 2. pending appeal against conviction in vigilance case (Para 3) |
| 3. contingency of confiscation based on trial results (Para 4 , 5 , 6) |
| 4. appellants' request to deposit assets (Para 7) |
| 5. legal implications of special versus general statutes (Para 8 , 9) |
| 6. modification of confiscation order (Para 10 , 11 , 12) |
JUDGMENT :
A.C. Behera, J.
This Criminal appeal has been preferred by the appellants under Section 17 of the Orissa Special Court‟s Act, 2006 challenging the judgment dated 31.05.2023 passed in Confiscation Case No.13 of 2015 by the Authorized Officer, Special Court, Bhubaneswar, wherein the Authorized Officer, Special Court Bhubaneswar has held that, the appellant no.1 of this appeal, i.e., Damodar Das has committed offence under Section 13 (2) read with (i)(e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “P.C. Act, 1988”) and the amount of disproportionate assets to his known sources of income during the check period is to the tune of Rs.8,58,613/-(rupees eight lakhs fifty-eight thousand six hundred thirteen), which shall be confiscated to Governmen
Confiscation of assets under the Prevention of Corruption Act is contingent upon the outcome of the underlying criminal trial, allowing for temporary deposits to prevent confiscation.
The court clarified that interim confiscation requires deposit of assessed market value to prevent forfeiture, reinforcing statutory intent against corruption. This ensures accused do not retain cont....
The court emphasized that the operation of the confiscation order can be stayed if the accused provide bank guarantees for the assessed value of properties, balancing statutory intent with personal c....
Confiscation of property is contingent on a conviction; upon the death of the accused, any confiscation order becomes invalid, allowing for the return of properties to legal heirs.
Confiscation proceedings under special statutes for disproportionate assets do not abate upon the death of the public servant. Such proceedings are distinct from criminal trials, and the statute prov....
Acquisition of wealth disproportionate to known source of income – Confiscated properties in name of a closed relative/spouse can continue to remain confiscated with State, upon death of public serva....
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.
The 'Explanation' to Section 13(1)(e) of the Prevention of Corruption Act, 1988, does not take away the opportunity of a public servant to explain his income, only for the reason of not intimating to....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
