RAMASHANKAR SITARAMJI GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING arrived by the order passed by the, Special Judge, Amravati in Cr. Application No. 2/92 about return of certificates numbering 20 in the Schedule mentioned in the application, the applicant-accused has preferred this application for setting aside that order and for return of those certificates. Few facts need to be mentioned.

(2.) ONE Meshram alongwith others including the present applicant has been prosecuted under Section 13 (c) of Prevention of Corruption Act, 1958. The allegations so far as this applicant is concerned are that the funds which were misappropriated by Meshram, who was then RTO have been siphoned to the present applicant and that out of those funds the certificates mentioned in the application have been purchased. Meshram was found in possession of assets disproportionate to his known sources of his income and it is claimed by the prosecution that the present applicant has abetted the above offence by helping Meshram in concealing the misappropriated funds. It is also found as per the order of the learned Special Judge that although the applicant was in possession of these certificates, those certificates were not mentioned in the Income Tax return. Since the seizure has taken place under Section 102 Cr. P. C. and since the matter is pending investigation, it would not be proper to return the certificates and to that extent, the order of the Special Judge has to be confirmed but it is evident that some of the certificates have matured and some are due to mature. It would be, therefore proper issue the following directions, which would operate until further orders.

(3.) THE Registrar of the Special Court shall encash those certificates, which are due with the help of the applicant and shall reinvest those amounts in similar saving schemes and shall intimate the applicants about the numbers of those certificates. It is further directed that the applicant shall cooperate with the Registrar in discharging the certificates, which fall for encashment as and when due. The Schedule about the certificates furnished by the learned Penal Counsel be also forwarded to the Registrar or the Trial Court. Xerox copies of these documents be retained in the record of this Court. With these directions, the instant application is disposed of. Application disposed of