M.KARPAGA VINAYAGAM, J. - (1.) THE appellants are husband and wife. The first appellant was facing trial in R.C. Case No. 32(A) /1996 and R.C. Case 24(A)/1996. He was convicted in disproportionate of assets case against which the appeal is still pending before this Court.
(2.) ACCORDING to the prosecution, the first appellant defalcated Government of Bihar, now Jharkhand, to the extent of Rs. 8.64 Crores during the period May, 1995 to December, 1995 and acquired movable and immoveable properties in different places in his name and also in the name of his wife, daughter and son. Earlier an application under Sec. 3 of the Criminal Law (Amendment) Ordinance, 1944 was filed before the Court below by C.B.I, praying to pass ad interim order of attachment with respect to the properties detailed in Annexure - 1. After being satisfied about the prima facie case, ad interim order of attachment was passed on 18.2.1997. Thereafter a request had been made by the counsel for C.B.I, to pass a final order making the ad interim order of attachment absolute. After enquiry, final order was passed on 16.2.2005. Challenging the same, this appeal has been filed by both the appellants.
(3.) IN the appeal as well as in the written argument, counsel for the appellants would raise several points mainly contending that evidence adduced on behalf of the appellants have not been properly considered by the Court below.;