Cril. Rev. Petn. No. 14 of 2021

Page 1

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

Cril. Rev. Petn. No. 14 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. Konjengbam Ongbi Mangsatabam Ningol Chandani Devi w/o

Konjengbam Ibothem Singh of Sagolband Meino Leirak, P.O. &

P.S. Imphal, Imphal West District, Manipur.

2. Wahengbam Bonomali Singh, aged about 64 years, S/o (L) W.

Chandrahas Singh, a resident of Nongmeibung Wangkheirakpam

Leikai, P.O.& P.S. Porompat, Imphal East District, Manipur.

3. Wairokpam Rita Devi aged about 59 years, w/o (Late) Wairokpam

Naba Singh of Pungdongbam Makha Leikai, P.O. Lamlong & P.S.

Lamlai, Imphal East District, Manipur.

......../Respondents.

B E F

O R

E

HON’BLEMR. JUSTICE AHANTHE MBIMOL SINGH

For the Petitioner

:

Mr. W.

Darakishwore,

Sr.

Panel Counsel.

For the respondents

:

Mr. K. Pradip, Adv. & Mr.

Tolpishak, Adv.

Date of Hearing

:

21.12.2021.

Date of Order

:

18.01.2022

LHAINE

ICHON

G

HAOKIP

Digitally

signed by

LHAINEICHO

NG HAOKIP

Date:

2022.01.18

16:20:03

+05'30'

Cril. Rev. Petn. No. 14 of 2021

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ORDER

[1]

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

for the petitioner, Mr. K. Pradip, learned counsel appearing for the

respondent No. 1 and Mr. Th. Tolpishak, learned counsel appearing for the

respondents No. 2 & 3.

The present revision petition has been filed under Section 397

read with Section 401 of the Cr.P.C with a prayer for setting aside the

impugned common Zima order dated 29.04.2021 passed by the learned

Special Judge, (P.C. Act), Imphal West, Manipur in Cril. Misc. (Z) Case No.

7 of 2020, Cril. Misc. (Z) Case No. 1 of 2021 and Cril. Misc. (Z) Case No. 5

of 2021.

[2]

The facts of the present case in a nutshell are that on receiving

reliable information, the petitioner (CBI) registered a case bearing No. R.C.

0212020A0003 or R.C. 3(A) 2020CBI/ACB/Imphal u/s 13(2) r/w 13(1)(b) of

the P.C.Act, 1988 (as amended) against one accused person, viz,

KonjengbamIbothem Singh for possessing assets both moveable and non-

moveable disproportionate to his known source of income. Thereafter, on

23.10.2020, the petitioner (CBI) conducted a search operation at the house

of the said accused person and seized a large number of documents and

articles by preparing a search-cum-seizure memo and kept the seized

properties in their custody.

[3]

The three respondents in the present revision petition filed three

separate application registered as Cril.Misc.(Z) Case No. 7 of 2020, Cril.

Cril. Rev. Petn. No. 14 of 2021

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Misc. (Z) Case No. 1 of 2021 and Cril. Misc. (Z) Case No. 5 of 2021 in the

Court of the Special Judge (P.C. Act), Imphal West,with a prayer for

granting to them interim custody of some of the seized properties which

belongs to them on Zima. The said three Zima applications were allowed

by the learned Special Judge (P.C. Act), Imphal West by directing the CBI

to release in favour of the present respondents some of the seized

properties which belongs to them under certain conditions as mentioned in

the said order.

Feeling aggrieved, the petitioner filed the present revision

petition assailing the said Zima order dated 29.04.2021 passed by the

learned Special Judge (P.C Act), Imphal West, with a prayer for setting

aside the impugned order.

[4]

At the outset, Mr. K. Pradip and Mr. Th. Tolpishak, 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 accused person illegally without following due process

of law provided under Section 18 A of the Prevention of Co