SELVAM Vs. STATE

JUDGEMENT

(1.) THIS revision arises against the order of the learned Special Judge and Chief Judicial Magistrate, Chengalpattu, passed in Crl.M.P.No.1025 of 2011 in Special Case No.4 of 2008 dated 08.08.2011.

(2.) A case stands registered against the petitioner in Crime No.13/AC/06 for offences under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act on the allegation that he accepted a bribe of Rs.750/- from one Rajalakshmi Ammal on 06.11.2006 at his office premises. Pursuant thereto, the residence of the petitioner was searched and an amount of Rs.6,07,500/-was seized. Presently, charge sheet stands filed in the case in Crime No.13/AC/06 and it is pending trial in Special Case No.4 of 2008. Initially, though a case in Crime No.24/AC/2007 for offence u/s.13(1)(e) of Prevention of Corruption Act, 1988 was registered against the petitioner for holding assets disproportionate to his known source of income, further action in respect thereof was dropped.

(3.) IN circumstances where the money return of which is sought was seized in connection with the case registered for offences under sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act and criminal proceedings in respect of Crime No.24/AC/2007 for offence u/s.13(1)(e) of Prevention of Corruption Act, 1988, stand dropped, there can be no embargo against return of monies seized to the petitioner. However, as an abundant caution, this Court directs the Court below to cause return of monies seized from the petitioner after: