Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Law Ame111 iment Ordinance 1944: ss. 12 and 13 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Law Ordinance, 1944:ss. 12 and 13 - Appellant:~ father-public servant involved incriminal cases registered against various accused -Appellant himselfinvolved in large number of cases - Accused persons in pursuanceof conspiracy had defrauded State Government to the tune of severalhundred crores - Proceedings undertaken under the 1944 Ordinance- Application by State - Attachment of certain properties -Subsequent~v attachments made absolute - Appeal there against byappellants, dismissed by the High Court - On appeal, held:Prosecution against appellants father could i10t have been continuedafter his death and no guilt can be pronounced on him, he beingdead - However, the properties which were already underattachment, having come in the hands of appellant as one of thelegal representatives, who has been convicted in a fodder scamcase and is facing trial in another case, making attachment orderabsolute, cannot be faulted with - Furthermore, against an orderof conviction, appeal is already pending in the High Court and inone criminal case, trial is already pending against the accused inwhich provisions of ss. 12 and 13 can still be resorted to - Thus, itcannot be said that once a judgement is pronounced in a criminalcase by the Court and if no findings have been recorded( with regardto attached properties, no order can be passed with regard toattached properties - It is not necessary to consider the extent ofamount found to be misappropriated by the appellant and computingthe valueof properties attached- These questions can be raised bYappellant in s. 13 proceedings or at the time judgement in pendingtrial by invoking s. 12 - In view thereof. interference by this Courtin exercise of its jurisdiction u/Art. 136 with the order of the HighCourt and of the Judicial Commissioner in making the order ofattachment absolute, not called jor - Constitution of India - Art. s.4 - Several criminal cases registered by CBI against variousaccused - Alleged fraud to the tune of several crores - Allegationthat one of the accused acquired movable and immovable assets inhis own name and in the name of family and investment in the propertynot from their own source of income - Proceedings undertaken underthe 1944 Ordinance - Application by State - Attachment of certainproperties - Subsequently attachments made absolute - Appealthereagainst, dismissed by the High Court - Held: Perusal of s. 4indicate that power to attach the money or other property allegedto have been so procured is very much there - Section 4 providesthat "if it transpires that such money or other property is notavailable fbr attachment, such other property of the said person ofequivalent value as the District Judge may think fit - Thus, thepower can be exercised for attaching several properties to takecare of the amount which alleged to be defaulted- Thus, the proper~vwhich was acquired in the year 1955 could have been attached -Appf?!!ants 'plea to reappraise the evidence and record a findingthat the properties attached were purchased by them of their ownfiiiances need not be gone into 11/Art. 136 - Constitution of lndia -Art. 136. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 1006 |
Petitioner | Ravi Sinha & Ors |
Respondent | The State Of Jharkhand |
SCR | [2017] 12 S.C.R. 913 |
Judgement Date | 2017-10-05 |
Case Number | 1561 |
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