ANAND KUMAR KAPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present applications under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') have been filed on behalf of the petitioner, seeking issuance of necessary directions including ad-interim ex-parte order restraining the respondent from contemplating any proceedings including criminal proceedings against the petitioner in case arising out of Enforcement Case Information Report ('ECIR') No. ECIR/320/DZ-1/2009, and CT No. 18/2018 filed by the Directorate of Enforcement under Sec. 44 and 45 of Prevention of Money Laundering Act, 2002 ('PMLA'), till the above-captioned petitions are adjudicated by this Court.

(2.) Factual background of the case is that the Central Bureau of Investigation ('CBI') had registered an FIR No. RC-AC2-2007-A0003 on 8/10/2007, for offences under Sec. 13(1)(e) read with Sec. 13(2) of the Prevention of Corruption Act, 1988( 'PC Act') and Sec. 109 of the Indian Penal Code, 1860 ('IPC'). It was alleged that Major General Anand Kumar Kapur, the petitioner herein, while serving in various capacities in the Indian Army from 14/11/1971 to 31/5/2006, had amassed substantial assets through corrupt and illegal means, either in his name or in the names of his family members, which were disproportionate to his known sources of income. Smt. Mridula Kapur was accused of abetting her husband in acquiring these assets. Based on this FIR, an ECIR No. ECIR/320/DZ-1/2009 was also recorded on 22/12/2009.

(3.) After completing the investigation, the CBI had filed a charge sheet on 26/10/2009 in the Court of the learned Special Judge, Patiala House Court, New Delhi. The petitioner herein was charged under Sec. 13(2) read with Sec. 13(1)(e) of the PC Act, and his wife was charged under Sec. 109 of IPC read with Ss. 13(2) and 13(1)(e) of the PC Act. After conclusion of trial, the learned Trial Court had convicted the petitioner on 27/9/2016, finding that he could not satisfactorily account for pecuniary resources and property worth Rs.2,22,04,290.00, which were disproportionate to his income. However, his wife was acquitted, given the benefit of the doubt. Thereafter, on 29/9/2016, the learned Trial Court had ordered the confiscation of properties worth Rs.2,12,36,205.00.