H C SATHYAN Vs. STATE BY POLICE INSPECTOR

JUDGEMENT

(1.) Interpretation of Sub-section (6) of Section 5 of the Prevention of Corruption Act, 1988 has come up for consideration in this criminal appeal.

(2.) The facts which have given rise to the aforesaid circumstance are that, a case was registered against the first Appellant herein viz., H.C. Sathyan, by the Lokayuktha police, Mysore, for the offences punishable under Sections 13(1)(e) read with 13(2) of the Prevention of Corruption Act. and following a raid conducted by the Lokayuktha police on 27.3.2008, certain records pertaining to immovable assets and movable assets like gold and silver and other household items were noticed by the Lokayuktha police and steps were taken to attach the said properties.

(3.) An application was filed by the Lokayuktha police for attachment of 19 items of the property possessed by the first Appellant-accused and his wife and an interim order was passed by the learned Sessions Judge on 16.10.2008 and subsequently, the Special Public Prosecutor for the Lokayuktha filed an application under Sections 3 and 4 of the Criminal Law (Amendment) Ordinance, 1944 ('the Ordinance' for short.) and as could be seen from the impugned order, an application was also filed by the second Appellant for return of the properties. The learned Sessions Judge, after hearing both sides, passed the impugned order allowing the application filed by the Special Public Prosecutor and confirmed the interim order passed on 16.10.2008.