- (1.) The background facts of the case in brief are as under : An F.I.R. dated January 21, 1999 was lodged by the Vigilance Officer of the State Bank of Hyderabad before the Superintendent of Police, Central Bureau of Investigation (for short C.B.I.), New Delhi, wherein it was stated that the suspects named in the said information, being the Manager, State Bank of Hyderabad, Burrabazar Branch, Calcutta, without any power or authority, had permitted dishonestly and illegally the suspects named therein including the husbands of the petitioners No. 1 and 2 herein, who were non- public servants of co-acceptance of bills to the tune of 85,36,800 U.S. Dollars, equivalent to Rs. 36.70 crores on an undertaking to make payment of bills on due dates which was never re-paid at all. An endorsement was made on the said information by the S.P./C.B.I. to the effect that the said facts prima facie disclosed commission of offence under Section 120-B of I.P.C. read with Section 420, I.P.C. and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act. A regular case was, therefore, registered against the 10 accused persons and investigation was entrusted to one Shri A.P. Singh, D.S.P., C.B.I.
(2.) In the course of investigation, the C.B.I. conducted simultaneous search-and seizure at several places, which were either the residences or offices of the suspects or connected therewith on December 10, 1999. Such searches were conducted on the basis of the "Search Warrant" issued by the learned Chief Metropolitan Magistrate, Calcutta on December 1, 1999 under Section 93 of the Code of Criminal Procedure. However, during such search/s, the investigating team also entered upon places not specified in the "search warrant" and made seizure of keys and lockers and contents of such lockers, namely, gold ornaments and silver biscuits etc. By making inventory, relocking and retaining the keys of the lockers and directing the stoppage of operation of the said bank lockers.
(3.) It is the case of the C.B.I. that soon after such search and seizure, the learned Chief Metropolitan Magistrate, Calcutta was informed of such search and seizure and the seizure list was also submitted. The investigation thereafter continued.;