KAMLESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These Special Leave Petitions (Criminal) seek to challenge the judgment and order dated 19.7.2012, whereby a Learned Single Judge of the Jharkhand High Court dismissed the two Writ Petitions bearing Nos. Writ Petition Nos.95 & 112 of 2003 filed by Shri Kamlesh Kumar and three others, all children of one Dr. K.M. Prasad who worked earlier as the Director of Animal Husbandry department in Government of Bihar. They are being prosecuted under the provisions of Foreign Exchange Regulation Act, 1973 (in short FERA), and those cases have been transferred to the Special Judge hearing the Fodder scam cases. In the above referred Criminal Writ Petitions they had challenged the transfer of those cases to the Special Court by contending that the transfer order was bad on various grounds, the principal amongst them being that the State Government had no jurisdiction to authorise the Special Judge to try these cases under FERA. Those Criminal Writ Petitions have been rejected, and hence these Special Leave Petitions (Criminal) have been filed.

(2.) The above referred Dr. K.M. Prasad, father of the petitioners, was working earlier as the Director of Animal Husbandry department, Government of Bihar. He is being prosecuted along with some others by the Central Bureau of Investigation (C.B.I.) in the Court of Special Judge at Ranchi for conspiracy to defraud the State Government to the extent of Rs.7,09,92,000/- during 1980-90 on the basis of fake allotment letters purportedly issued by him for the purchase of medicines. It is claimed that fake supplies were shown as made by the suppliers, and the money withdrawn towards such fake allotments was misappropriated by the accused persons.

(3.) During the course of investigation it was realized that the amount involved was much more, i.e. Rs.19,81,66,460/- approximately, and that the accused Dr. K.M. Prasad had acquired huge movable as well as immovable assets in his own name, and in the name of his children and others at different places. The said Dr. K.M. Prasad and his children were also therefore prosecuted in the case arising out of this investigation, and charges have already been submitted by the CBI against them, and the cases are pending in the court of Special Judge CBI at Ranchi.