LAWS(APH)-2000-9-65

AKKU RAMAKRISHNA Vs. STATE OF A P

Decided On September 25, 2000
AKKU RAMAKRISHNA Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This criminal revision case is directed against the order passed by the learned Principal Sessions Judge for SPE and ACB Cases, Hyderabad, in Cr.No.7/ACB.CR/98 dated 23-6-2000, directing confiscation of an amount of Rs.25,000/- seized from the complainant which is alleged to have been given by the accused as bribe.

(2.) It may be mentioned that the ACB recorded a FIR against the petitioner in Cr.No.7/ACB.CR/98 on the basis of a complaint alleging that the accused, who is an advocate, placed some money and left it at the house of the complainant Mr. D.Parthasarathy, advocate with an intention to pass it on to his daughter, who is a public servant and before whom a matter pertaining to the client of the accused was pending. After investigation, the ACB concluded that this amount was not intended to be paid to the said public servant and on that basis filed a final report dropping further proceedings in the matter, but directed confiscation of the sum of Rs.25,000/- on the ground of some observations said to have been made by the Disciplinary Committee of the Bar Council of A.P.

(3.) The contention of the learned Counsel for the petitioner is that having found that no offence has been made out and having accepted the final report, the learned Special Judge has no jurisdiction to order confiscation of the amount seized during the investigation.