STATE OF BIHAR Vs. SUDHA SINGH

JUDGEMENT

(1.) Leave Granted.

(2.) This appeal at the instance of the State of Bihar takes exception to Criminal Appeal (SJ) No.662 of 2013, which was allowed in favour of the Respondent herein in terms of judgment dtd. 27/9/2023, setting aside attachment proceedings against the respondent on account of the fact that her husband, namely Ravindra Prasad Singh, the main accused in two FIRs viz., Vigilance P.S. Case No.52/2009 under Ss. 7, 13(2) read with 13(1)(d), of the Prevention of Corruption Act, 1988 [PC Act], and 409, 201, 120-B, Indian Penal Code 1860 [ IPC] Vigilance P.S. Case No. 84/2009 under Ss. 7, 13(2) read with 13(1)(e), P.C. Act, had passed away.

(3.) The period during which the husband of the respondent is alleged to have amassed disproportionate assets was between 28/6/1975 to 11/5/2009 to the tune of Rs.1.002,96,516.00, apart from several immovable properties and other valuables. A chargesheet was filed on 7/10/2009. The Act under which the present proceedings came to be before the High Court, came into effect on 8/2/2010. Notice was issued to both the respondent and her husband on 17/8/2012. Having considered the responses, the Authorised Officer, by order dtd. 5/8/2013 passed in Confiscation Case No.6 of 2012, ordered confiscation of the assets listed in Schedule A -1 and 2 and B of the petition. The reasoning of the Authorised Officer is as follows: