SAJITHA V.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are claim petitioners in V.C.No.01/2019/SCE on the file of Court of the Enuqiry Commissioner and Special Judge, Thrissur. One Shri Hamza, a former Deputy Superintedent of Police is the accused in the above case. On 09.07.2019, the Vigilance registered FIR alleging offences punishable under Section 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988 and Section 13(2) r/w 13(1)(b) of Prevention of Corruption (Amendment) Act, 2018. On 11.07.2019, the Investigating Officer searched the residence of the accused after obtaining search warrant from the Special Court. 60 articles were seized from the residence of Shri. Hamza. The investigating agency also seized Rs.9.65,365/- in hard currency and 188.4 gms of gold ornaments.

(2.) The petitioner in Crl.M.C. No.550 of 2020 is the wife of Shri. Hamza, the accused. The petitioner in Crl.M.C. No.523 of 2020 is his son. The petitioner in Crl.M.C.No.9082 of 2023 is a close relative of the accused. Pleadings Crl.M.C.550/2023

(3.) The petitioner is the wife of the accused. Their son Mohammed Raoof is a medical student. In order to meet the educational expenses of their son, the petitioner entered into an agreement to sell a landed property belonged to her to one Shri. Rafi. As per the agreement for sale, Shri. Rafi had given Rs.5,00,000/- towards advance sale consideration on 02.09.2018.On 09.05.2019, he gave her Rs.3,00,000/- towards advance. On the request of the petitioner, Rafi gave an amount of Rs.2,00,000/- as advance sale consideration on 10.07.2019. Out of this amount, a sum of Rs.2,70,000/-was seized by the Investigating Officer from her residence. The Investigating agency also seized gold ornaments that belonged to the petitioner. She is entitled to the custody of the money and gold ornaments. Crl.M.C.No.523 of 2020