- (1.) This criminal revision is directed against the order impugned dated 28.9.2010, passed by the learned Special Judge, CBI-cum-Additional Sessions Judge-I, Dhanbad in connection with R.C.2 (A)/2004(D), by which the petition filed on behalf of the Petitioner for release of his seized articles by the CBI was rejected.
(2.) Prosecution story in short is that on the basis of the information received through some reliable sources, a case was instituted against the Petitioner, who was an officer in the Department of Income Tax, Ministry of Finance, Government of India, alleging that while he was posted and functioning in different capacities under the Income Tax Department had amassed wealth by corrupt and illegal means, disproportionate to the known source of his income, which could not be accounted satisfactorily. Petitioner was granted regular bail by this Court on 9.10.2007. CBI after investigation submitted charge-sheet obtaining sanction under Section 197 of the Code of Criminal Procedure from the competent authority as also under Section 19(1) (a) of the Prevention of Corruption Act, 1988 and accordingly, cognizance of the offence was taken under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act. Prayer of the Petitioner was rejected by the learned Special Judge, CBI, Dhanbad on 28.9.2010 observing that the items were seized during investigation and there were assets of the Petitioner Swarn Singh to the tune of Rs. 1,21,06,257/-to which the Petitioner could not be able to account for satisfactorily. It was further observed that these items were acquired through illegal means by the Petitioner therefore, at that stage the petition of the Petitioner was dismissed.
(3.) Admittedly, several items were seized from the possession of the Petitioner on 21.1.2004 and 22.1.2004 and the items were mentioned categorically. However, a reply was filed to the petition by the CBI-opposite party wherein the prosecution-CBI conceded that Item No. 3 (ii), Item No. 3(iii), Item No. 3(iv) and Item No. 3(vi) could be released as per tabular chart filed by Shri Rajesh Chandra Khatri, Inspector of Police, CBI,ACB, Dhanbad.;