STATE OF KARNATAKA Vs. CHANNAPPA SATGIRAPPA ANDANI

JUDGEMENT

(1.) THIS revision is by the State, assailing the order dated 30-11-2002 in karnataka Lokayukta P. S. Crime No. 4/2000 by the learned Principal Sessions and Special Judge, dharwad, ordering for release of the properties mentioned in the seizure panchanama.

(2.) THE brief facts of the case are as follows : the accused-Channappa Satgirappa andani while working as Superintending Engineer was found amassed wealth disproportionate to his known source of income, whereas the Lokayukta registered a case in karnataka Lokayukta P. S. Crime No. 4/2000 for the offence under S. 13 (1) (e)r/ws. 13 (2)of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") and a raid was conducted on 18-2-2000 and seized in all 160 articles detailed in the panchanama subjected to P. F. While the investigation is in progress, the accused filed an application under S. 467, Cr. P. C. for release of Item Nos. 1 to 107 mentioned in the properties seized. As could be seen from the panchanama and the investigation papers, the accused was found amassed wealth disproportionate to his known source to the extent of Rs. 99,99,656-81. The learned Principal Sessions and Special Judge allowed the application filed under S. 457, Cr. P. C. by the accused though it is opposed by the State Public Prosecutor for release of the properties and passed the impugned order as follows :

(3.) LEARNED State Public Prosecutor Sri m. S. Chandramouli vehemently contended that releasing of the seized property is unknown to criminal law, wherein the properties itself have been released to the accused though case is registered that too when the matter is pending. The order of the learned principal Sessions and Special Judge is nothing but perverse and has not applied its mind before ordering for release of the properties. Also submitted that the very releasing of the properties to the accused is nothing but handing over the articles to the thief which is liable for confiscation.