BIRAJINI PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The legal question which arises in this appeal for adjudication is whether the confiscation proceeding as envisaged under Chapter III of the Orissa Special Courts Act, 2006 (hereinafter referred to as the "OSC Act" for brevity) shall continue against other persons in whose name property has allegedly been acquired by the accused, after his death and abatement of the criminal trial initiated against him ?

(2.) The Facts of the case are not disputed. Premananda Panda (hereinafter referred to as the deceased person affected) was a public servant holding high public office. A prosecution was lodged against him under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "P.C. Act" for brevity). In this connection, Berhampur Vigilance P.S. Case No.15/1995 was registered. It is alleged that he was possessing disproportionate assets of Rs.43,86,343.00. Upon completion of investigation, charge sheet was submitted and the case was transferred to the court of Special Judge, Special Court, Bhubaneswar, which was registered as T.R. Case No.18/45 of 2008/1999, against Premananda Panda. During pendency of the case, the accused Premananda Panda died on 19.5.2009. Accordingly, as per the order dated 9.9.2009 the trial court directed that criminal case abates in its entirety and orders were passed to drop the proceeding.

(3.) In the meantime, after death of the said Premananda Panda, on 7.7.2009, confiscation proceeding under Section 13(1) of the OSC Act was initiated against the said Premananda Panda, his wife and children. It was alleged that wife of Premananda Panda and their children were holding properties which were acquired by commission of the offence by Premananda Panda. The persons affected namely, Birajini Panda, Manoranjan Panda, Chitaranjan Panda, Brajaranjan Panda and Madhusmita Panda filed an application to drop the proceeding of confiscation before the learned Authorised Officer. The learned Authorised Officer as per order dated 21.9.2013 in Confiscation Case No.4/2009 rejected their application to drop the proceeding. However, on 21.9.2009 the learned Authorised Officer held that because of the death of Premananda Panda-opposite party no.1, the case abates against him. In other words, learned Authorised Officer has ordered that as far as Premananda Panda is concerned confiscation shall abates, but the said proceeding will continue as against other opposite parties, who happens to be the relations of Premananda Panda.