IMRAN KHAN Vs. STATE OF GOA

JUDGEMENT

(1.) Rule, returnable forthwith. Heard finally with the consent of the learned Senior Counsel and learned Public Prosecutor. Discretionary power of this Court under Article 227 of the Constitution of India read with Section 482 of Cr.P.C. have been invoked by the petitioners by way of these two Writ Petitions challenging an order dated 14/12/2018 passed by the learned Sessions Judge, Panaji in Criminal Misc. Application No.142/2018 by which the learned Sessions Judge partly allowed the application of the petitioner Imran Khan under Section 457 of Cr.P.C. directing defreezing of an amount of Rs.21,50,00,000/- (Rupees twenty one crores fifty lakhs only) from his current account with the Bank of India, inter alia, directing execution of an indemnity bond.

(2.) Shorn of unnecessary details, facts absolutely necessary for disposal of these two Writ Petitions can be summarised thus: The petitioner Imran Khan is a businessman, who is a partner of "Imran Traders" having its office in Fatorda, Margao, Goa. The said firm is engaged in the business of ore trading and is registered with the mining department of the respondent no.1. The petitioner is an income tax assessee holding pan card no.ANQPK3181K. An offence came to be registered against the petitioner with crime branch bearing Crime No.15/2013 under Sections 120-B, 119, 166, 277, 278, 290, 379, 409, 418, 420, 430, 465, 468, 471 IPC and Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 along with Section 4, 9, 9(A), 19 read with 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Mineral Concessions Rules, 1960.

(3.) The respondent no.2 instructed the bankers of the petitioner namely Bank of India, Margao Branch to freeze the account of the petitioner and his family members. The petitioner was arrested by the respondent no.2 on 12/09/2017. Subsequently, he was enlarged on bail on 15/09/2017.