M.S. MURTI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 17.2.1995 passed by the Special Judge, Bhopal in Misc. Judicial Case (C.R.) No.81/94 refusing to release on supurdagi the property seized as far back as on 17.3.1988 under suspicion that the accused/petitioner, a public servant, was having disproportionate assets and property, and under the allegation that this property was the subject matter of cheating under section 420 I.P.C. for which criminal case No.3/88 had been registered by State Economic Offences Investigation Bureau, Bhopal. Later on, this property was transferred to criminal case No.4/88 for the offence punishable under the provisions of section 5(1)(e) read with section 5(2) of the Prevention of Corruption Act, 1947.

(2.) THE investigation is pending since 1988 but no challan has been filed. The prosecution has been awaiting sanction from the Central Government's competent authority as the petitioner is a member of Indian Administrative Services and his removal can be by the Central Government. The petition for return of property was filed by the petitioner on 12.12.1994 before the Special Judge, Bhopal but by the impugned order he declined to return on the ground that the property is liable to confiscation.