JULIET ARPUTHARAJ Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The Fair and Decreetal order dated 20.06.2014 passed in O.A.No.79 of 2010 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The Original Application was filed by the Deputy Superintendent of Police, Economic Offences Wing II, Tiruchirappalli, to approve the attachment of properties belongs to the accused by the Government. The allegations against the 2 nd respondent are that he was running a Financial institution and collected deposits from more than 1561 persons. However, the Finance company could not able to repay the matured deposits and many of the depositors filed the complaint before the Police. Investigations were conducted and the 1 st respondent / Deputy Superintendent of Police, identified the properties and it was found that one of the property was sold by the accused person in favour of the appellant. However, the said property was also attached on the ground that the said sale was done in a calculated manner to defeat the repayment to the depositors.

(3.) The Special Court adjudicated the issues with reference to the documents and the evidences. The trial Court made a finding that the transaction was made in a calculated manner and it was a malafide transfer and accordingly, approved the attachment.