IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (SJ) No.326 of 2020

Anosh Ekka

.... .. ...

Appellant

Versus

Union of India through R.C. Choudhary, S.P., C.B.I., AHD, Ranchi

.. ... ...

Respondent

With

Cr. Appeal (SJ) No.327 of 2020

1. Gidyon Ekka

2. Roshan Minz

3. Ibrahim Ekka

.... .. ...

Appellants

Versus

Union of India through R.C. Choudhary, S.P., C.B.I., AHD, Ranchi

.. ... ...

Respondent

With

Cr. Appeal (SJ) No.328 of 2020

1. Smt. Menon Ekka @ Smt. Menon Ujjana Ekka

2. Jaykant Bara

3. Deepak Lakra

.... .. ...

Appellants

Versus

Union of India through R.C. Choudhary, S.P., C.B.I., AHD, Ranchi

.. ... ...

Respondent

...........

CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

.........

For the Appellant(s) : Mr. Ajit Kumar, Sr. Advocate

Mr. Jitendra S. Singh, Advocate

Mr. Sameer Ranjan, Advocate

Mr. Amit Kr. Sinha, Advocate

For the CBI

: Mr. P. Pallav, DSGI

Mr. Navneet Sahay, AC to DSGI

Mr. Tauseef Jawed, AC to DSGI

.........

C.A.V. ON 21.12.2022

PRONOUNCED ON 20 /01/2023

1.

All the three aforesaid Criminal Appeals (SJ) arise out of common

judgment and sentence passed by learned Special Judge, CBI, Ranchi in R.C.

No.04(A)/2010-AHD-R(B) whereby and whereunder, appellant-Anos Ekka has

been convicted and sentenced under Sections 13(2) read with Section 13(1)(e) of

the P.C. Act, 1988 (herein-after be called as P.C. Act) and Smt. Menon Ekka,

Jaykant Bara as well as Deepak Lakra, Gidyon Ekka, Roshan Minz and Ibrahim

Ekka have been convicted and sentenced under Section 109 IPC read with

Section 13(2) read with Section 13(1)(e) of the P.C. Act, 1988.

PROSECUTION CASE

2.

Complaint filed by one Kumar Binod on 25.10.2008 is the basis of

Vigilance P.S. Case No.26/2008 dated 26.11.2008 registered under Sections 406,

409, 420, 423, 424, 465/120B IPC and Sections 11/13(2) read with Section

13(1)(e) of the P.C.Act, 1988 for acquiring disproportionate assets by the

accused/ MLA/ Minister, Anos Ekka and Harinarayan Rai.

2

3.

Complainant

made

allegation

of

criminal

conspiracy,

misappropriation, criminal breach of trust, cheating forgery fraudulent execution

of deed of transfer containing false statement of consideration amount and to

have acquired assets disproportionate to his known legal source of income by

Anosh Ekka and also to have acquired lands in violation of C.N.T. Act in the

name of his wife Smt Menon Ujjana Ekka.

4.

After investigation Vigilance Bureau submitted, interim charge-sheet

no 21/2009 dated 5.10.2009 u/s 406,409,420,423,424,465/120 B of IPC and

section 11/13(2) r/w 13(1)(e) of the PC Act, 1988 for possession of

disproportionate assets by the accused MLA’s/Ex-Minister Anosh Ekka and Hari

Narayan Rai. During the pendency of the case, further investigation was taken up

by the CBI under the direction of this Court passed in W.P.(PIL) No.4700 of

2008 and WP (PIL) No.2252 of 2009, CBI vide order dated 04.08.2010 wherein

direction was given to the CBI to take up investigation of Vigilance P.S. Case

No.26/2008. The CBI after re-registering the case as R.C. No.04(A)/2010-AHD-

R(B) submitted Charge-sheet no.02/12 dated 27.01.2012 under Section 109 IPC

and 13(2) read with Section 13(1)(e) of the P.C. Act, 1988 against all the accused

persons.

5.

During check period from 10.3.2005 to 31.3.2005 Anosh Ekka had

acquired assets worth Rs. 57.01 Crore, disproportionate to his known sources of

income against the pre-check assets of Rs. 92,827/-. The property so acquired

was invested in land as well as deposits in NSC’s KVP etc. A construction

company in the name of M/s Ekka Construction Pvt. Ltd. was floated and

registered with the Rural Works Department of the Govt. of Jharkhand as Class-I

A Contractor without fulfilling the eligibility criteria to project the proceeds of

crime as untainted income. After investigation the case was found true against

a