K. NARASIMHA Vs. STATE

JUDGEMENT

(1.) Crl.M.P.No.301 of 2012 in C.C.No.2 of 2011 filed by the petitioner before the learned III Additional Special Judge for CBI Cases, Hyderabad under Section 239 Cr.P.C. to discharge him, was dismissed through orders dated 29.04.2013. Assailing the same, the present revision is laid.

(2.) The petitioner is said to be 1991 batch IAS officer belonging to the cadre of Mizoram-Arunachal Pradesh-Goa. A case of disproportionate assets to the known source of income was instituted against the petitioner under the provisions of Prevention of Corruption Act, 1988. In October, 2006, the Income Tax Department seized a sum of Rs.02.88 crores from one Dr. Ramesh Kapoor, Managing Director of Raddision Hotel of Delhi while he was passing through Begumpet Airport. One Uma Shankar Das is said to be a real estate consultant for Ramesh Kapoor. Uma Shankar Das is claimed to be a family friend of the petitioner. The Income Tax Department found cash of Rs.70.20 lakhs in the room of Ramada Hotel which was registered under the name of the petitioner and was occupied by Uma Shankar Das. Out of this amount, Income Tax Department claimed that an amount of Rs.20.20 lakhs was found in the hotel room occupied by Uma Shankar Das, who was sharing the room with the petitioner.

(3.) Sri D.V. Seetharama Murthy, learned senior counsel for the petitioner submitted that Ramesh Kapoor (LW.19) claimed that he owns the whole of the amount seized by the Income Tax Department authorities. He further claimed that he made a declaration of unaccounted for money of Rs.19 crores to the Income Tax Department including the amount of Rs.20.20 lakhs that is recovered from the hotel room. He further submitted that Income Tax Department passed assessment order including the amount of Rs.20.20 lakhs as the unaccounted money of Ramesh Kapoor.