VINOD KUMAR & 2 ORS. Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1999-1-82
HIGH COURT OF RAJASTHAN
Decided on January 25,1999

Vinod Kumar And 2 Ors. Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

G.L. Gupta, J. - (1.) These three misc. petitions under Section 482 Cr.P.C. have been preferred against the three orders dated 6.6.98 passed by the learned Special Judge, A.C.D. Cases, Bhilwara on three separate applications filed by the petitioners in connection with the F.I.R. No. 92/97 of P.S. R.S.B.I., Jaipur.
(2.) The short facts of the case are that Shri Navneet Thakkar, who is the husband of petitioner Smt. Alka Thakkar, and son of Smt Manorma Thakkar and Vinod Kumar was working as Zonal Forest Officer at Bhilwara. On a complaint that Shri Thakkar had collected huge wealth by misconducting himself as public servant the Bureau of Investigation arranged a raid. It was found that Navneet Thakkar had property worth Rs. 10,90,000/- more than his known sources of income. Not only that, he had property in the name of his wife and parents. F.D.Rs., Share Certificates, sale-deeds etc. were seized by the police within are in the name of the petitioner. The petitioners made applications before the Special Judge for returning their property. The learned Special Judge by the impugned orders passed separately in three cases rejected their applications.
(3.) Mr. Gupta, learned counsel for the petitioners, contended that the property mentioned in the applications of the petitioners is in the name of the petitioners, therefore, they are entitled to the return of the same. He pointed out that various F.D.Rs. have become due which require renewal and licences also require renewal. He also pointed out that the accounts books and floppy have been taken away by the police with the result that the business of the petitioners has been adversely affected. Pointing out that the petitioners may like to dispose of the shares at the appropriate time, he urged that all the documents be returned to the petitioners. He submitted that though there is no need of the property which belonged to the petitioners in the trial of Navneet yet the petitioners are prepared to furnish photostat copies of each and every document and are also prepared to furnish personal and surety bonds undertaking to produce them or the amount mentioned therein as and when called upon by the Court.;


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