CENTRAL BUREAU OF INVESTIGATION (CBI) Vs. YUMNAM SHARAT MEITEI

JUDGEMENT

(1.) Heard Mr. W. Darakishwor, learned senior panel counsel appearing for the petitioner and Mr. Ch. Ngongo, learned counsel appearing for the respondents.

(2.) The facts of the present case in a nutshell is that the petitioner (CBI) registered a case being FIR No. R.C. 1A/2020/CBI/ACB/Imphal U/S 13 (2) r/w 13 (1) (b) of P.C. Act 1988 (as amended in 2018) against the present respondent No. 1 for alleged possession of pecuniary resources or properties disproportionate to his known source of income. Immediately after registration of the said FIR, the Officials of the CBI conducted a search operation at the residential premises of the respondent No. 1 on 31/1/2020 and seize a large number of documents and articles by preparing a search-cum-seizure memo dtd. 31/1/2020 and the seized articles were kept in the custody of the CBI.

(3.) The respondents No. 1 and 2, who are husband and wife, filed an application under Sec. 457 Cr.P.C. before the learned Special Judge (P.C. Act), Imphal East, praying for granting to them interim custody of the seized documents, money and gold ornaments on Zima and the said application was registered as Cril. Misc. (Zima) Case No. 2 of 2021. The present petitioner (CBI) also filed an application for allowing them to deposit the seized money in the current account of S.P., CBI and the said application was registered as Cril. Misc. Case No. 9 of 2021. Both the aforesaid applications was jointly heard by the learned Special Judge (P.C Act), Imphal East and the same were disposed of by a common order dtd. 26/2/2021 by allowing the prayer of the present respondents for releasing the aforesaid seized documents and articles on Zima in their favour subject to the conditions mentioned in the order and at the same time dismissing the application filed by the CBI for depositing the seized money in the Bank Account of the S.P., CBI. Feeling aggrieved, the present petitioner (CBI) filed the present Criminal Revision Petition assailing the Zima order dtd. 26/2/2021 passed by the learned Special Judge (P.C. Act), Imphal West.