Cril. Rev. Petn. No. 19 of 2021 & Anr.

Page 1

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

Cril. Rev. Petn. No. 19 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 -

Smt. Mayanglambam (N) Naorem (O) Manimacha Devi (52 Yrs), W/o

Naorem Budhichandra Singh, R/o Uripok Ahanthem Leikai P.O. &

P.S. Imphal, District: Imphal West, Manipur-795001

........Respondents.

With

Cril. Rev. Petn. No. 20 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 -

Shri Naorem Budhichandra Singh (54) yrs, S/o N. Gourahari Singh,

R/o Uripok Ahanthem Leikai P.O & P.S: Imphal, District: Imphal West,

Manipur-795001

........ Respondents/Accused

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. K. Pradip, 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

16:21:16

+05'30'

Cril. Rev. Petn. No. 19 of 2021 & Anr.

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O R D E R

[1]

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

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

respondents.

The present Criminal Revision Petitions have been filed under

Section 397 read with Section 401 of the Cr.P.C. with the prayer for

quashing and setting aside the impugned Zima order dated 20.09.2021

passed by the learned Special Judge, Imphal West in Cril. Misc. (Z) Case

No. 7 of 2021 and Cril. Misc. (Z) Case No. 8 of 2021. As the present two

revision petitions are connected and arose out of the FIR No. R.C.

0212020A0006 P.S./C.B.I (ACB), Imphalu/s 13(2) r/w 13 (1) (b) P.C. Act,

1988 (as amended), the same is being disposed of by this common order.

[2]

The facts of the present cases in a nutshell are that the petitioner

(CBI) registered a case under FIR No. R.C. 0212020A0006 P.S./CBI

(ACB), Imphal u/s 13(2) r/w 13 (1) (b) of the P.C. Act, 1988, (as amended)

on 14.11.2020 against one Shri Naorem Budhichandra Singh, the

respondent in Cril. Rev. Petn. No. 20 of 2021, for alleged possession of

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

16.12.2020, the petitioner (CBI) conducted a search operation at the house

of the respondents and seized a large number of documents and other

properties including hard cash and gold ornaments and kept the seized

properties in the custody of the CBI.

Cril. Rev. Petn. No. 19 of 2021 & Anr.

Page 3

[3]

The respondents, who are husband and wife, filed two separate

applications registered as Cril. Misc. (Z) Case No. 7 of 2021 and Cril. Misc.

(Z) Case No. 8 of 2021 before the Court of Special Judge, Imphal West,

under Section 457 Cr.P.C. with a prayer for granting interim custody of the

seized properties under Zima.

[4]

The Special Judge, Imphal West allowed both the aforesaid Zima

applications by an order dated 20.09.2021, by directing the CBI to

handover to the respondents some of the seized properties for interim

custody on Zima under certain conditions as mentioned in the aforesaid

orders. Feeling aggrieved, the petitioner filed the present two revision

petitions assailing the aforesaid orders dated 20.09.2021 passed by the

Special Judge, Imphal West in Cril. Misc. (Z) Case No. 7 of 2021 and Cril.

Misc. (Z) Case No. 8 of 2021 and praying for quashing and setting aside

the impugned orders.

[5]

At the outset, Mr. K. Pradip, learned counsel appearing for the

respondents raised a preliminary issue regarding the maintainability of the

present revision petition on the grou