GOPINATH BISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 10.05.2011 passed by the learned Authorized Officer Special Court, Bhubaneswar in Confiscation case No.3 of 2009 arising out of Cuttack Vigilance P.S. Case No.11 of 1994 rejecting the prayer of the appellant to drop the proceeding.

(2.) THE fact giving rise to filing of the CRLA in short is that while the appellant was working as Joint Director, Soil Conservation, Orissa, Bhubaneswar, his house was searched by the Vigilance Department on 25.03.1994 and an F.I.R. was lodged on 30.3.1994 alleging that he possessed disproportionate assets beyond his known sources of income. After completion of investigation prima facie it was found that during the period from 1.1.1982 to 31.12.1986, he acquired assets beyond his known sources of income to the tune of Rs.3,20,365.75 paise and accordingly charge sheet was submitted against him under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 (in short P.C. Act) before the Court of Special Judge (Vigilance) Bhubaneswar and accordingly T.R. case No.13 of 1998 was registered. On 31.8.2008, after passing of the Orissa Special Courts Act, 2006 (hereinafter referred as Act 2006) a Notification was made by the State Government under Section 5(1) of the said Act that the appellant, while holding High Public Office (Joint Director Soil Conservation, Orissa, Bhubaneswar) Committed offence under Section 13(1) (e) read with Section 13(2) of the P.C. Act and as such, he should be tried by the Special Court, established under Sub -section (1) of Section 3 of the Act, 2006. Thereafter, the case was transferred to the Special Court, Bhubaneswar and accordingly, it was registered as T.R. case No.8 of 2008. After conclusion of trial, the appellant was convicted by the Special Court, Bhubaneswar under Section 13(2) read with Section 13 (1) (e) of the P.C. Act vide judgment and order dated 08.03.2011. Challenging the said order of conviction, the appellant preferred Criminal Appeal No.201 of 2011 before this Court which is sub -judice.

(3.) LEARNED counsel for the appellant in course of his argument drew attention of this Court to the Preamble of the Act, 2006, which reads as follows: "AN ACT TO PROVIDE FOR THE CONSTITUTION OF SPECIAL COURTS FOR THE SPEEDY TRIAL OF CERTAIN CLASS OF OFFENCES AND FOR CONFISCATION OF THE PROPERTIES INVOLVED" WHEREAS corruption is perceived to be amongst the persons holding high political and public offices in the State of Orissa; AND WHEREAS investigations conducted by the agencies of the Government disclose prima facie evidence, confirming existence of such corruptions; AND WHEREAS the Government have reasons to believe that large number of persons, who had held or are holding high political and public offices have accumulated vast property, disproportionate to their known sources of income by resorting to corrupt means; AND WHEREAS it is constitutional legal and moral obligation of the State to prosecute persons involved in such corrupt practices;