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.

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 Government of Odisha being free from all encumbrances.

In Confiscation Case No.13 of 2015, the appellants of this appeal being husband and wife respectively were facing enquiry before the Authorized Officer, Special Court, Bhubaneswar.

2. The Confiscation Case No.13 of 2015 was the outcome of the vigilance Case vide T.R. No.03/64 of 2015-2012.

In Vigilance Case vide T.R. No.03/64 of 2015-2012, the appellant no.1 of this appeal, i.e., Damodar Das, (who is the husband of the appellant no.2 in this appeal) was facing trial having been charged under Section 13 (2) read with (i)(e) of the P.C. Act, 1988, wherein, the appellant no.1 of this appeal, i.e. Damodar Das was found guilty under (2) read with (i)(e) of the P.C. Act, 1988 and he was convicted thereunder as per judgment dated 25.08.2022 passed in that T.R. No.03/64 of 2015/2012 with the observations that, the convicted accused Damodar Das found to have acquired disproportionate assets to the tune of Rs.8,58,613/-(rupees eight lakhs fifty-eight thousand six hundred thirteen).

3. The appellant no.1 of this appeal (convicted accused in T.R. No.03/64 of 2015-2012) has preferred an appeal before the Hon‟ble Court vide CRL Appeal No.782 of 2022 challenging the aforesaid conviction and sentence passed under Section 13 (2) read with (i)(e) of the P.C. Act, 1988 against him in T.R. No.03/64 of 2015- 2012, which is pending/subjudice for adjudication.

As per the provisions of law envisaged in Sections 13 , 14, 15, 16 and 19 in Chapter-III of the Orissa Special Court‟s Act, 2006, the result of the confiscation proceeding is contingent upon the result of the vigilance case initiated against the person affected. Because, acquittal of the person effected from the vigilance case later on shall entitle him/her to get the disproportionate assets released in his/her favour, those will have been ordered to be confiscated in the confiscation proceeding.

4. So, on conjoint reading to the provisions of law envisaged in Section 13 (2) read with (i)(e) of the P.C. Act, 1988 and all the sections in Chapter-III of Orissa Special Court‟s Act, 2006, it is unambiguously clear that, “confiscation of property or money or both in a confiscation case/proceeding shall be contingent upon the final outcome of the criminal trial faced by the person affected for the offence under (2) read with (i)(e) of the P.C. Act, 1988 in the village case.

5. On perusal of the judgment of the trial court passed on dated 25.08.2022 in T.R. No.03/64 of 2015-2012, it appears that, the trial court after taking into account, the evidence and materials available in the record had come to the conclusion that, the value of the disproportionate assets of the accused-Damodar Das (appellant no.1 in this appeal) is to the tune of Rs.8,58,613/-(rupees eight