PANNA KUMAR SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS matter arises out of the order dated 26th June, 1997 passed by the Learned Special Judge of the Greater Bombay in Application No.435 in Special Case No. 78 of 1989. The said Application was made on 23rd April, 1997. It came to be decided on 26th June, 1997 by an order of rejection.

(2.) IT relates to a request for release of a sum of Rs.1,40,000/- standing to the credit of Account No.3140 in Punjab & Sind Bank, Fort Branch, Bombay in the name of the Petitioner Panna Kumar Shah. Her husband Kumar P.Shah was one of the Accused of as many as five different cases. The case against her husband i.e. Kumar P. Shah was to the effect that filing false petition in the High Court. He obtained orders in favour of respective Petitioners of those petitions and had obtained refund orders. On the basis of these orders, the Custom Authorities were made to pay different amounts and the advantage thereof was taken by the said Shri Kumar Shah as also by his accomplice by adopting the method of opening different bank accounts in different names. On or about 9th September, 1987, the raid came to be carried and the entire operation came to light. As this account was opened on 3rd September, 1987, the C.B.I. - Investigating Agency issued instructions to the said bank not to allow any operating thereof and freeze the bank accounts opened in different names in it.

(3.) AS stated earlier, on one hand, the conviction order came to be passed in the said Special Case No. 78 of 1989 and, on the other, on that very day i.e. on 26th June, 1997, this Application No. 435 of 1997 was also decided by the very Ld. Judge who was pleased to reject the same.