Cril. Rev. Petn. No. 7 of 2021

Page 1

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

Cril. Rev. Petn. No. 7 of 2021

Central Bureau of Investigation (CBI), represented by its Head of

Branch (HOB), Anti-Crime Branch (ACB), Imphal, P.O. & P.S.

Lamphel, Imphal West District, Manipur- 795004.

... Petitioner

-Versus -

1. Yumnam Sharat Meitei, aged about 55 years, S/o Y. Bishma Singh

of Wangkhei Angom Leikai, P.O. & P.S. Porompat, Imphal East,

Manipur-795005.

2. OinamDayabati Devi aged 50 years W/O YumnamSharat Meitei of

Wangkhei Angom Leikai, P.O. & P.S. Porompat, Imphal East,

Manipur-795005.

........Accused/Respondents.

B E F

O R

E

HON’BLEMR. JUSTICE AHANTHEM BIMOL SINGH

For the Petitioner

:

Mr. W.

Darakishwore,

Sr.

Panel Counsel.

For the respondents

:

Mr. Ch. Ngongo, Adv.

Date of Hearing

:

21.12.2021.

Date of Order

:

18.01.2022

ORDER

[1]

Heard Mr. W. Darakishwor, learned senior panel counsel appearing

for the petitioner and Mr. Ch. Ngongo, learned counsel appearing for the

respondents.

The present criminal revision petition has been filed under

Section 397 Cr.P.C. with a prayer for setting aside the impugned Zima

order dated 26.02.2021 passed by the learned Special Judge (P.C. Act),

LHAINE

ICHON

G

HAOKIP

Digitally

signed by

LHAINEICHO

NG HAOKIP

Date:

2022.01.18

16:20:40

+05'30'

Cril. Rev. Petn. No. 7 of 2021

Page 2

Imphal East in Cril. Misc. (Zima) Case No. 2 of 2021 and Cril. Misc. Case

No. 9 of 2021.

[2]

The facts of the present case in a nutshell is that the petitioner (CBI)

registered a case being FIR No. R.C. 1A/2020/CBI/ACB/Imphal U/S 13 (2)

r/w 13 (1) (b) of P.C. Act 1988 (as amended in 2018) against the present

respondent No. 1 for alleged possession of pecuniary resources or

properties disproportionate to his known source of income. Immediately

after registration of the said FIR, the Officials of the CBI conducted a

search operation at the residential premises of the respondent No. 1 on

31.01.2020 and seize a large number of documents and articles by

preparing a search-cum-seizure memo dated 31.01.2020 and the seized

articles were kept in the custody of the CBI.

[3]

The respondents No. 1 & 2, who are husband and wife, filed an

application under Section 457 Cr.P.C. before the learned Special Judge

(P.C. Act), Imphal East, praying for granting to them interim custody of the

seized documents, money and gold ornaments on Zima and the said

application was registered as Cril. Misc. (Zima) Case No. 2 of 2021. The

present petitioner (CBI) also filed an application for allowing them to

deposit the seized money in the current account of S.P., CBI and the said

application was registered as Cril. Misc. Case No. 9 of 2021. Both the

aforesaid applications was jointly heard by the learned Special Judge (P.C

Act), Imphal East and the same were disposed of by a common order

dated 26.02.2021 by allowing the prayer of the present respondents for

Cril. Rev. Petn. No. 7 of 2021

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releasing the aforesaid seized documents and articles on Zima in their

favour subject to the conditions mentioned in the order and at the same

time dismissing the application filed by the CBI for depositing the seized

money in the Bank Account of the S.P., CBI. Feeling aggrieved, the

present petitioner (CBI) filed the present Criminal Revision Petition

assailing the Zima order dated 26.02.2021 passed by the learned Special

Judge (P.C. Act), Imphal West.

[4]

At the outset, Mr. Ch. Ngongo, learned counsel appearing for the

respondents raised a preliminary issue regarding the maintainability of the

present revision petition on the ground that the CBI seized or confiscated

the documents and articles including money and gold ornaments from the

respondent No. 1 illegally without following due process of law provided

under Section 18 A of the Prevention of Corruption Act, 1988 (hereinafter

referred to as P.C. Act for short) re