LVL INFRASTRUCTURE LIMITED Vs. C.B.I.

JUDGEMENT

(1.) The petitioner, LVL Infrastructure Limited has filed this revision challenging the order passed by Special Judge, Ambala declining the prayer of the petitioner for release of money seized by Central Bureau of Investigation from the house of accused Chander Shekhar in case FIR No. RCCHG/2004 dated 30.6.2004 under Sec. 13(1)(e) read with Sec. 13(2) of Prevention of Corruption Act, 1988.

(2.) Mr. Chander Shekhar, named above while working as General Manager, BSNL, Rohtak (hereinafter referred as 'accused') was being investigated for being in possession of assets disproportionate to his known source of income. During the course of investigation, on 3.6.2006 the accused was caught red handed while accepting bribe of Rs. 25,000/ -for approving tender. FIR in this regard was accordingly registered. Residential house of accused Chander Shekhar was raided, during which number of documents, articles and cash amount of Rs. 45,03,450/ -were recovered in the presence of independent witnesses. The accused accordingly is being prosecuted for an offence under the Prevention of Corruption Act.

(3.) The present petitioner has filed this petition to intervene in this case pending against the accused. Petitioner -company claims that they had approached C.B.I.officials with the request that this amount of Rs. 45,00,000/ -recovered from the house of the accused in fact belongs to the petitioner -company. The Company, however, was told by the C.B.I.officials that investigation is in progress and as such their prayer would have to be considered after completion of the investigation. The petitioner -company, however, has now moved this application on 31.1.2007 for release of this amount to it claiming that this amount belongs to it.