PRASANNA KUMAR MOHANTY Vs. STATE OF ODISHA (VIG )

JUDGEMENT

(1.) The petitioner Prasanna Kumar Mohanty who is at present working as Superintendent of Excise, Dhenkanal has filed this application under section 438 of Cr.P.C. apprehending arrest in connection Cuttack Vigilance Cell P.S. Case No.5 of 2017 registered under section 13 (2) read with section 13(1) (e) of the Prevention of Corruption Act, 1988 which corresponds to V.G.R. Case No.14 of 2017 pending in the Court of learned Special Judge, Vigilance, Bhubaneswar.

(2.) On 08.3.2017 one Pranita Kumari Ray, Inspector of Police, Vigilance, Cell Unit, Bhubaneswar lodged the First Information Report before the Superintendent of Police, Vigilance Cell, Cuttack stating therein that on receipt of reliable information that the petitioner was in possession of assets disproportionate to his known sources of income, an inquiry was taken up by the State Vigilance. On the strength of search warrant issued by Special Judge, Vigilance, Bhubaneswar in Misc. Case No.03 of 2017, the residential rented house of the petitioner located at Bhubaneswar, triple storied building located at Sector-11, CDA, Cuttack, S+4 storied building located at Bhubaneswar, parental house of the petitioner located at Dhenkanal and other places were simultaneously searched on 003.2017 and the inquiry revealed that the petitioner joined in the Government Service as S.I. of Excise on 109.1983 and during his incumbency as Government servant from 109.1983 (date of joining in Govt. service) to 003.2017 (date of house search), the total value of his movable and immovable assets comes to the tune of Rs.1,77,30,806.00. The income of the petitioner and his family members was calculated at Rs.70,50,000.00. Similarly the expenditure of the petitioner and his family members was calculated at Rs.31,88,000.00. Therefore, the disproportionate assets were calculated at Rs.1,38,68,806.00 (197%), which the petitioner could not satisfactorily account for and therefore, he is liable for criminal misconduct under section 13 (2) read with section 13(1) (e) of the Prevention of Corruption Act, 1988.

(3.) This anticipatory bail application was presented before this Court on 06.02017 when the F.I.R. had not been registered. The learned counsel for the petitioner Mr. H.S. Mishra today filed the copy of the F.I.R. dated 08.02017 with a memo which is taken on record.