SUNIL BHARGAVA Vs. CBI

JUDGEMENT

(1.) By this petition, petitioner challenges order dated 10th March, 2017 passed by the learned Special Judge in RC 221/2016/E0026 under Section 120-B IPC read with Section 13(2) and Section 13(1)(d) of the Prevention of Corruption Act (in short 'PC Act') whereby the application under Section 457 read with Section 102 Cr.P.C. filed by the petitioner was dismissed except for release of the Pension Account of the petitioner permitting him to operate the said account to meet his medical and miscellaneous expenses.

(2.) The above noted FIR was registered on 6th September, 2016 against Ms.Archana Bhargava, wife of the petitioner and two other accused companies namely M/s.Rank Mercantile Pvt. Ltd. and M/s.Astbhuja Dealtrade Pvt. Ltd. and other unknown persons. Pursuant to the search warrants, raids were conducted by the CBI and it also seized various assets of the applicant and froze savings accounts, fixed deposit, lockers, PPF accounts and pension accounts.

(3.) Case of the petitioner is that the attachment of PPF account is in contravention of Section 9 and 10 of The Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Further, the respondent did not comply with the mandatory requirement of Section 102 Cr.P.C. and there was no direct link/connection between the crime alleged and the property seized, thus directions be issued to release/de-freeze bank accounts, FDs, Bonds, LIC policies and PPF account.