D.K. Sinha, J. - (1.) THE Petitioner has invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for setting aside the order impugned dated 23.06.2010 passed in R.C. 8A/93D by the 1st Additional Sessions Judge, -cum -Special Judge, C.B.I., Dhanbad whereby the application filed on behalf of the Petitioner for the release of locker No. 113 which was seized by the C.B.I. vide seizure list dated 02.08.1994 was rejected.
(2.) THE Petitioner was working in different capacity in B.C.C.L. and it was alleged that during the period from 1975 to 1992 he amassed huge wealth both movable and immovable in the name of his near relations for which he could not account properly and he could not be able to explain the source for the assets to the tune of Rs. 5,02,220/ -( five lakh two thousand twenty two) on the basis of the charge -sheet, which was submitted. Learned Sr. Counsel Mr. Laik appearing on behalf of the Petitioner submitted that the Petitioner is suffering rigours of trial for the last 18 years and the trial could not be concluded. He had filed a petition for the release of his locker No. 113 which was made available to him by the Syndicate Bank, Katrash Road, Dhanbad which he was holding since 1985 but his prayer for release was opposed by the Public Prosecutor before the Special Judge on the ground that the locker in question was operated by the Investigating Officer under certain norms for preparation of search memo, however, the P.P. conceded by submitting on the basis of the written statement of the C.B.I. that the order may be passed for the release of the locker. The prayer of the Petitioner was refused by the learned Special Judge only on the ground that the charge -sheet has been submitted against the accused Petitioner and the case was running for evidence, therefore, he was not inclined to release the locker at that stage. It would be relevant to mention, learned Counsel Mr. Laik added that a report was called for from the C.B.I. with regard to the release of the locker No. 113 on the basis of the petition filed on behalf of the Petitioner before the Trial Court wherein the C.B.I. though admitted the seizure of the locker No. 113 from Syndicate Bank, Katras Road, Dhanbad and subsequently operated by the Investigating Officer under laid down norms for preparation of search memo but in the next paragraph the C.B.I. stated that the items found therein the said locker, were not the subject matter of the instant case as the same were not relied upon by the side of the prosecution, hence not mentioned in the charge -sheet/list of documents and that the Court may pass order for release of the locker No. 113 in favour of the Petitioner.
(3.) HEARD Mr. M. Khan, learned A.S.G.I. on behalf of the C.B.I., who relied on a letter submitted by the C.B.I. in the lower Court.;