STATE OF MADHYA PRADESH Vs. RAM SINGH

JUDGEMENT

(1.) Heard. Leave granted.

(2.) Relying upon the judgment of this Court in State of Haryana v. Bhajan Lal, (1992) 1 Suppl. SCC 335 and exercising powers under Section 482 of the Criminal Procedure Code, the High Court of Madhya Pradesh vide the judgment impugned in these appeals quashed the investigations and consequent proceedings against the respondents initiated, conducted and concluded by the police under Section 13(1)(e) and Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act"). The Court found that for the offence punishable under Section 13(1)(e) of the Act the investigation had not been conducted by an authorised officer in terms of Section 17 of the Act. It was observed:

(3.) Regarding Ram Singh respondent, a secret information is stated to have been received on 4-7-1992 alleging that when he was a Sub Inspector, Excise and District Excise Officer, he had acquired properties disproportionate to his known sources of income. On verification it was found that he had earned movable and immovable properties allegedly much more disproportionate to his known sources of income during the check period commencing from 1-1-1982 to 4-8-1992. Resultantly Crime No. 103/92 under Section 13(1)(e) and 13(2) of the Act was registered against him. On 4-8-1992 a raid was conducted by Shri B.N. Bhatia, Dy. Superintendent of Police, SPE, Lokayukt Office, Gwalior after obtaining a search warrant from the Chief Judicial Magistrate, Gwalior and a seizure memo was prepared with respect to recovery of movable articles from the possession of his son, namely, Pratap Singh, Advocate. On 7-8-1992 another raid was conducted by Shri C.P.S. Chaturvedi, Dy. Supdt. of Police, Lokayukt Office, Gwalior at the Government Quarter allotted to the said respondent at Vikas Nagar, Betul, under a search warrant dated 3-8-1992. Some documents, one transistor, one pistol and diaries were recovered in the raid. The respondent Shri Ram Singh moved Criminal Misc. No. 143 of 1993 before the High Court of Madhya Pradesh at Gwalior praying for anticipatory bail which was allowed. Vide letter dated 14-12-1993, the Additional Excise Commissioner, Madhya Pradesh, Gwalior directed the respondent to submit the statement on the prescribed form Nos. 1, 2 and 3 to the Lokayukt Gwalior. The statements were submitted to Shri P.S. Sisodia, Deputy Superintendent of Police, Lokayukt Office, Moti Mahal, Gwalior on 16-5-1994. It was mentioned in the statement that the total income of the respondent from all sources was Rupees 4,19,000/- and expenditure was Rupees 2,58,700/- which show the savings of Rupees 1,60,300/-. He declared that his assets were not disproportionate to the known sources of his income. After further information was submitted by the respondent, a further enquiry was made on 5-6-1995 with respect to his bank account. In May, 1996 the respondent filed the Petition No. 2481/96 under Section 482 of the Criminal Procedure Code praying for quashing the proceedings relating to Crime No. 143/93 and charge-sheet thereof filed against him. He contended that the entire search and seizure made by Special Police Establishment was illegal, mala fide and without any basis. It was further contended that the search was conducted without jurisdiction and was in contravention of the provisions of Section 17 of the Act. He alleged that the investigation was malicious inasmuch as the accounts of his family members had illegally been freezed.