SHASHIKANT D KARNIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Counsel for the petitioner and the learned APP for the State.

(2.) THIS petition was earlier before the Bench of Ranjana Desai and D. B. Bhosale, JJ. Since they passed an order "not before this court, as Hon'ble smt. Justice R. P. Desai is a member", this petition is assigned to us, by the Acting Chief justice.

(3.) THE prayer in this petition is to quash and set aside the order of freezing the Bank accounts and Bank lockers of the Petitioner and his family members by the Police officers in this case and to defreeze all the accounts at (Exhibit 'a') and permit the petitioner and his family members to operate all those bank accounts as per Exhibit 'a' and the bank lockers. As per affidavit of rajendrasinh Govindsinh Pardeshi, Assistant commissioner of police, attached to Anti Corruption bureau, Mumbai, filed in reply to this petition, he has stated that C. R. No. 33/2002 was registered against the petitioner and others for committing mal practices pursuant to criminal conspiracy hatched for the benefit of unmerited candidates, who paid huge amounts for getting success in the MPSC (Main)Exam. 1999 for Recruitment of Asstt. /sales Tax inspector / PSI. During investigation of that C. R. , house search of the petitioner was conducted which resulted in seizure of incriminating documents revealing accumulation of huge assets by the petitioner in his name, in the name of his wife and children. This search was on 8. 7. 2002. On and from 6. 9. 2002 an open enquiry was initiated against the petitioner regarding possession of disproportionate assets by the Investigating Officer on C. R. No. 33/2002. This Investigating / Enquiry Officer completed the enquiry and submitted his final report as a result of which on 21. 12. 2005, C. R. No. 37 of 2005 under Section 13 (1) (e) r/w. 13 (2) of the prevention of Corruption Act, 1988 and Section 109 of Indian Penal Code, was registered against the petitioner and his wife.