DINESH SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Applicant has invoked the revisionary jurisdiction of this Court under Sec. 297 of the Code of Criminal Procedure, 1973 (the Code) challenging the order dtd. 28/7/2023 passed by the Special Court for CBI rejecting the application filed by him seeking discharge under Sec. 227 of the Code.

(2.) Brief facts leading to the filing of the present Revision Application are that, property bearing Survey No. 276, Hissa No.4 (Part), H-Ward No. 1068(2) Street No.760 CTS No.B/973/4 Chapel Road, Bandra (West), Mumbai was purchased jointly by Ms. Mariam Yacoob Tabani and Mr. Aziz Yacoob Tabani, each of whom owned 11/2 share in the said property. While Ms. Mariam Yacoob Tabani migrated to England and obtained British citizenship in the year 1967, Mr. Aziz Yacoob Tabani migrated to Pakistan in the year 1969 and obtained Pakistan citizenship in the year 1970. It appears that on account of migration of Mr. Aziz Yacoob Tabani, his 1/2 share in the property got governed by the provisions of Enemy Property Act, 1968. It appears that Mr. Chandrakant Shah, partner of M/s. Jay Construction Co. entered into Agreement for Sale in resepect of of the said property with Ms. Mariam Yacoob Tabani and Mr. Aziz Yacoob Tabani in October, 1980. M/s. Jay Construction Co. approached the then Custodian of Enemy Properties, Mr. D.S. Kolamkar (Accused No.1) for sale of 1/2 undivided share of Mr. Aziz Yacoob Tabani. When the owners approached RBI for seeking permission for sale of their shares, permission was granted to Ms. Mariam Yacoob Tabani but the application for permission of Mr. Aziz Yacoob Tabani was referred to Custodian of Enemy Properties (CEP) since he was a Pakistan National. Accordingly, Mr. Aziz Yacoob Tabani also moved an application before the Custodian seeking permission for sale of the property. The then Custodian, Mr. D.S. Kolamkar (Accused No.1) granted his No-Objection on certain conditions including deposit of sale proceed with CEP office for transfer of share of Mr. Aziz Yacoob Tabani in favour of M/s. Jay Construction Co. Accordingly, Conveyance Deed dtd. 8/4/1999 was executed to which the Custodian was a confirming party.

(3.) It appears that the then Custodian, Mr. S.S. Sandhu issued a show cause notice dtd. 2/1/2004 to M/s. Jay Construction Co. informing that the conveyance would be cancelled by the Government of India under Sec. 6 of the Enemy Property Act, 1968. On 17/2/2005, Ms. Ruby Srivastava, the then Custodian issued a Certificate under Sec. 12 of the Enemy Property Act certifying that the said property is an enemy property vested in the Custodian and that the same shall continue to vest with the Custodian under the provisions of the Act.