Manash Nath Roy, J. - (1.) One Satyendra Kumar Ghosh (hereinafter referred as S. K. Ghosh), the husband of the present petitioner Smt. Molina Ghosh was at the relevant time, the Rehabilitation Administrator of the Government of India at Burma. He was found to have defalcuted large sums of Government money and an ordinance viz., the Criminal Law Amendment Ordinance, 1944, Ordinance No. XXXVIII of 1944 (hereinafter referred to as the said Ordinance), was promulgated, so that persons like the said S. K. Ghosh, could be prevented from disposing of or concealing any properties, which were procured by such person by means of certain offences covered by the said ordinance. The said ordinance was published in the Extraordinary issues of the Gazette of India, dated 23rd August, 1944 and under the same, the learned District Judge, Alipore was empowered to proceed with the case and he, ultimately took steps and attached various properties including premises Nos. 32 and 32/1, Dalhousie Square South, now known as Benoy Badai Diuesh Bag, Calcutta (hereinafter referred to as the said Dalhousie Square properties). Apart from those properties, properties at premises Nos. 62, Sayed Amir Ali Avenue, Calcutta, 48, Old Ballygunge Road, 12, Ballygunge Circular Road, 4, Camac Street, Calcutta, 3, Lower Roddon Street, Calcutta and Bejoybhumi Haspukur, 24-Parganas (hereinafter referred to as the said properties), were also attached.
(2.) On or about 21st November, 1944, an application was made on behalf of the then provincial Government of Bengal, before the learned District Judge, Alipore, for attachment of the properties under section 3 of the said Ordinance, which is as under:- 3. Application for attachment of property - (1) Where the Provincial Government has reason to believe that any person has committed (whether after the commencement of this Ordinance or not) any scheduled offences, the Provincial Government may, whether or not any Court has taken cognigance of the offence, authorise the making of an application to the District Judge within the local limits of whose jurisdiction the said person ordinarily resides carries on his business, for the attachment under this Ordinance of the money or other property which the Provincial Government believes the said person to have procured by means of the offence, or if such money or other property cannot for any reason be attached or other property of the said person of value as nearly as may be equivalent to that of the aforesaid money or other property. (2) The provisions of Order XXVII of the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908), shall apply to proceedings for an order of attachment under this Ordinance as they apply to suits by the Crown. (3) An application under sub-section (1) shall be accompanied by one or more affidavits stating the grounds on which the belief that the said person has committed any scheduled offence is founded and the amount of money or the value of other property believed to have been procured by means of the offence ; the application shall also furnish - (a) any information available as to the location for the time being of any such money or other property and shall, if necessary, give particulars, including the estimated value, of other property of the said person ; (b) the names and addresses of any other persons believed to have, or to be likely to claim, any interest or title in the property of the said person, on the ground that they were purchased by the said S.K. Ghosh with moneys procured by him, by committing offences under sections 120B and 409 of the Indian Penal Code. The object of the said Ordinance as mentioned earlier, was to prevent the disposal or concealment of money or other property procured by means of certain scheduled offences punishable under the Indian Penal Code and one of the offences to which the said Ordinance applied, was section 409 of the Indian Penal Code and any conspiracy to commit such offence.
(3.) It would appear that on or about 22nd February, 1945, similar application was made, for attachment of certain other properties and on such, the learned District Judge concerned, ordered attachment of the said Dalhousie Square properties, after hearing the said S. K. Ghosh and the order of attachment was extended from time to time.;