CHANDRAKANT GANPAT SOVITKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri M. S. Phatak, learned Counsel for the petitioner and Shri A. B. Gaikwad, learned APP for the State.

(2.) THE petitioner has filed this criminal writ petition under Article 227 of the Constitution of India and under section 482 of Criminal Procedure Code for quashment of the order of attachment of movable and immovable property passed by the Additional Sessions Judge, Aurangabad.

(3.) THE petitioner was a Police Officer. He is permanent resident of Kallamnuri, District Parbhani. In 1956, he was selected as P. S. I. He completed his training in the year 1956-57 at Hyderabad and Nasik. He owned 17 acres of land at Shivani and 4 acres of land at Dhanora, Tq. Kallamnuri, District Parbhani. The petitioner has already sold land to the extent of 4 acres situated at Dhanora in the year 1960 for Rs. 1500/ -. He has also sold two houses for Rs. 47,000/- in the year 1984 and 1986 respectively. The petitioner was the only earning member in the family. He had no source of income other than salary and income from landed property. The petitioner has constructed two houses in the year 1976 and 1986 at Nanded and Cidco, Aurangabad respectively. The value of the house situated at Bhagyanagar, Nanded is Rs. 55,464-and the value of the bungalow situated at Cidco, Sector No. N-1 Aurangabad is Rs. 3,71,241/ -. He has purchased one plot in the name of his son. The value of the Plot No. H-5-19-Cidco is Rs. 33,030/ -. Number of complaints were received against the petitioner and, therefore, enquiry was conducted by Additional Superintendent of Police, Anti-Corruption Bureau, Aurangabad and during the course of said enquiry, it was revealed that the petitioner possessed property disproportionate to his known source of income. Accordingly, Shri B. M. Sharma, Additional S. P. , A. C. B. Aurangabad was directed to lodge F. I. R. against the petitioner. Shri B. M. Sharma filed F. I. R. against the petitioner on 27-10-1987 and on the basis of which, Crime No. II-79 of 1987 for the offences punishable under sections 5 (1) (c) r/w 5 (2) of the Prevention of Corruption Act, 1947 and under section 109 of Indian Penal Code is registered at Cidco Police Station, Aurangabad.