Interlocutory orders regarding interim custody of property do not determine final rights, thus challenging such orders under Section 482 is not maintainable.

COMMON ORDER

Heard Ms. Jayasree Narasimhan, learned counsel representing Sri Rajesh Maddy, learned counsel for the petitioners and Sri Srinivasa Rao Kapatia, learned Special Public Prosecutor for CBI.

2-a) Crl.P.No. 10450 of 2017 is filed under Section 482 of CrPC by the petitioner/accused No.2 (A.2) in C.C.No.1 of 2016 challenging the order dated 25.10.2016 passed in Crl.M.P.No.1660 of 2016 in C.C.No.1 of 2012 in R.C.No.17(A) of 2009-CBI/Hyderabad, by the Principal Special Judge for CBI Cases, Hyderabad, and to set aside the same.

2-b) Crl.P.No. 10915 of 2022 is filed by the petitioner, daughter of A.2, challenging the order dated 05.09.2022 passed in Crl.M.P.No.2379 of 2022 in the said C.C.No.1 of 2012 and to set aside the same.

2-c) Crl.P.No. 10917 of 2022 is filed by the petitioner, son of A.2, challenging the order dated 05.09.2022 passed in Crl.M.P.No.2381 of 2022 in the said C.C.No.1 of 2012.

3-a) Crl.M.P.No.1660 of 2016 was filed by A.2 under Sections 451 and 457 of CrPC , to grant interim custody of 105 items of gold ornaments, seized from his residence.

3-b) Crl.M.P.No.2379 of 2022 was filed by the daughter of A.2 1660 of 2016 under Sections 451 and 457 of CrPC , to direct the respondent No.1/CBI to release the proceeds pertaining to Bond Ledger Account bearing No.TBSHC540202657, which matured on 03.04.2012 to her.

3-c) Crl.M.P.No.2381 of 2022 is filed by son of A.2 under Sections 451 and 457 of CrPC , to direct the respondent No.1/CBI to release the proceeds pertaining to Bond Ledger Account No.TBSHC 540202656 which matured on 03.04.2012 to him.

4. The said petitions were dismissed by the trial Court vide separate orders. Challenging the said orders, the petitioners filed the present criminal petitions.

5. Since the parties are common and the lis involved in these Criminal Petitions is one and the same, these three Criminal Petitions are being heard together and disposed of by way of common order:

6. The offences alleged against A.2 are under Sections 120-B, 379, 409, 411, 420, 427, 447, 468 IPC and under Sections 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 (for short, ‘the PC Act’).

7. Petitioners filed the aforesaid Crl.M.Ps before the trial Court contending as follows:-

i. A.2 was arrested on 05.09.2011.

ii. At the time of his arrest, respondent/CBI seized various immovable properties inclusive 105 items of gold ornaments, having net weight of 53789.900 grams and cash of Rs.2,94,48, 500/- found at his residential premises. The aforesaid bonds were purchased by A.2 in the name of his son and daughter, the petitioners in Crl.P.Nos.10915 of 2017 and 10917 of 2022. Since they were minors, the said bonds were in the custody of A.2.

iii. The said 105 items of gold ornaments and cash are mentioned at Sl.Nos.90 of Form No.16. Originally list of properties sent to learned Magistrate annexed to the charge sheet.

iv. The petitioner/A.2 and his family members are the absolute and exclusive owners of the said gold ornaments and money seized. The said property is absolutely nothing to do with the case property. v. The CBI after thorough investigation has alleged that crime proceeds are valued at 884.13 Crores. The Enforcement Directorate after thorough enquiry in ECIR/83/BZ/2010, dated 29.09.2010 in respect of the said crime, vide provisional attachment orders No.08/2012 dated 04.12.2012 has already attached properties in the form of shares of M/s Brahmani Industries.

vi. The ED did not attach the seized gold ornaments and cash mentioned in paragraph No.2 which clarifies that those items are nothing to do with the alleged crime.

vii.