BALRAM MIHANI Vs. STATE OF M.P.

JUDGEMENT

(1.) SINCE all the aforesaid petitions involved the common question of law about the applicability and scope of the provisions of the Chapter VIIA of the Code of Criminal Procedure (hereinafter referred to as the Code) incorporated in the Code by the Code of Criminal Procedure (Amendment) Act. 1993 (Act No. 40 of 1993), all the aforesaid petitions arc being disposed of by this common order.

(2.) THROUGH the aforesaid petitions the petitioners have challenged the jurisdiction of Judicial Magistrate First Class. Itarsi, for passing the orders dated 7. 12.2005 against them under section 105D and his Jurisdiction to proceed further under Chapter VIIA of the Code to make an order for attachment or forfeiture of their property in accordance with the provisions of sections 105D to 105J. Petitioners of Petition No. 10496/05 and 10497/05 have challenged the impugned order dated 7.12.2005 passed in Crime No. 852/05 registered by Police, Itarsi. and petitioners of Petition No.10538/05 have challenged the impugned order dated 7.12.2005 passed against Jittu alias Jitendra in Crime No. 857/05, whereby the Station, House Officer of Police Station Sohagpur and Station House Officer of Itarsi have been ordered to take all the steps necessary for tracing and identifying their properties.

(3.) IN regard to unlawful and criminal activities of Shankar Mihani, it was alleged that he indulged in large scale of unlawful Satta business since 1997 and that he was arrested in around 11 cases registered against him under section 4A of Gambling Act. He was also wanted in Crime No. 852/05 registered for the similar offence. By his criminal activities he was accumulating huge wealth which required to be investigated. Police produced all the criminal record before the Magistrate along -with the statements of persons. who were involved in the aforesaid criminal activities under the supervision and direction of Shankar Mihani. According to police. by Satta business Shankar Mihani was earning around Rs.4.00.000/ - daily. The properties derived from such activities were held by and under the names of his brothers Dharam Das. Dayal Das, Mahesh, Vasudco, Kanhaiya and other relatives and huge amount of cash was deposited in the branches of State Bank of India and Punjah National Bank in the name of brothers and family members.