ORDER

A third party, who claimed ownership over the case property filed petition before the Special Court for Prevention of Corruption Act Cases, Salem, in Crl.M.P.No.4 of 2022, having unsuccessful, has filed the revision petition.

2. The petitioner, who is the third party to the criminal case, claims the ownership of the case property remanded in C.P.No.14 of 2021 before the Special Court for Prevention of Corruption Act Cases, Salem and filed the above petition. The same was rejected and hence, the revision.

3. Gist of the case leading to the filing of the above petition for return of the property under Section 451 of Cr.P.C., is as follows:

(i) A case in Salem V&AC Cr.No.17/AC/2021 was registered against the A1-R.Elangovan, President of Salem District Central Coop. Bank, Salem and Chairman of Tamil Nadu State Apex Coop. Bank, Chennai and his son A2-E.Praveenkumar for the offences punishable under Sections 13(2) r/w 13(1)(e) of the PC Act, 1988 and 13(2) r/w 13(b) of the PC Act 1988 as amended in 2018, 109 r/w 13(2) r/w 13(1)(2) of the PC Act 1988 and 12 r/w

13(2) r/w 13(b) of the PC Act 1988 as amended in 2018.

(ii) Reliable information was received that A1-R.Elangovan had purchased several properties in the name of the petitioner herein viz., Rajarajacholan and some of the properties were donated by the petitioner- Rajarajacholan to the Trust named as Swamy Iyyappan Educational Trust, Musiri, in which A1 and A2 are the Trustees. Under these circumstances, the house of the petitioner herein-Rajarajacholan was subjected to search.

(iii) The learned Special Judge, Special Court for Trial of Cases under the Prevention of Corruption Act, Salem, was intimated in advance about the proposed searches and in the advance intimation dated 21.10.2021, the place of search with respect to the petitioner was specifically mentioned. Authorisation was issued to conduct searches at the houses and other places in Salem, Trichy, Namakkal, Karur, Coimbatore and Chennai of the persons who are closely related and associated to A1 and A2, by different officers in

37 places which includes the house of the petitioner.

(iv) After producing the authorization to the petitioner herein-

Rajarajacholan, the said house was searched by Inspector of Police, Vigilance and Anti-Corruption, Vellore on 22.10.2021 between 06.40 hrs and 22.00 hrs in the presence of official witnesses and a seizure mahazar was prepared in this regard.

(v) During the above said search as per para-18 & 19 of the seizure mahazar, the cash of Rs.17,51,000/- and 3 locker keys and 12 documents were found and seized by the said Inspector from the house of the petitioner. The petitioner was interrogated by the said Inspector of Police and he confessed that he is having good rapport with the FIR noted accused A1- Elangovan and A2-Praveen Kumar from the year 2013 and further, he confessed that he has donated about 50 acres of land in the year 2017 at Trichy to the said A1-Elangovan, who is running an Educational institution under the name and style of “Swamy Iyyappan Educational Trust” at Musiri and he has not obtained any pecuniary gain from the said Elangovan. (vi) Apart from the cash seized from the house of the petitioner, gold jewels weighing about 596.200 grams and silver articles weighing about 2200.300 grams were also found and inventories were taken and handed over to the petitioner. Further, inventories were taken regarding the purchase of vehicles and bank transactions and other cash deposits of the petitioner and the seizure mahazar was produced before the Court along with 3 locker keys and cash of Rs.17,51,000/-. Based on the requisition given by Investigation officer, the cash of Rs.17,51,000/- along with cash seized during other searches in this case, totaling Rs.34,28,000/- was deposited in Indian Overseas Bank, District Court campus building, Salem as Fixed Deposit vide FDR No.178004000008179 dated 08.12.2021.

(vii) Search warrants were obtained from the learned Special Judge, Specia