AHALYA PADHI Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) The appellant Ahalya Padhi has preferred this appeal under section 17 of the Orissa Special Courts Act, 2006 (hereafter '2006 Act') challenging the impugned order dated 06.04.2017 passed by the learned Authorised Officer, Special Court, Bhubaneswar in Confiscation Case No. 02 of 2016 whereby the learned Court rejected her petition dated 08.03.2017 in which prayer was made to return some documents seized from the residential house of her late husband late Anam Charan Padhi at Ganeswarpur and from the official quarters of her son-in-law Benudhar Dash (respondent no.2) and to delete some properties from the schedule of the confiscation application and also to exclude the education and upbringing expenditure of her adopted son Subrata Kumar Padhi (respondent no.4) from the charge sheet filed against the respondents nos.2 and 3 in Bhubaneswar Vigilance P.S. Case No.48 of 2008 with consequential changes in the application filed by the State in the confiscation proceeding.

(2.) On 16.12008 Bhubaneswar Vigilance P.S. Case No.48 of 2008 was instituted against respondent no.2 Benudhar Dash, Ex-Director, Secondary Education, Govt. of Odisha, Bhubaneswar who is the son-in-law of the appellant and on completion of investigation, charge sheet was placed on 29.03.2014 against the respondent no.2 and his wife Smt. Bishnupriya Dash (respondent no.3) for commission of offences under section 13(2) read with section 13(1)(e) of the Prevention of Corruption Act, 1988 (hereafter '1988 Act') read with section 109 of the Indian Penal Code on the accusation that the respondent no.2 being a public servant was having disproportionate assets to the tune of Rs. 62,38,993.66 paisa during the check period from 28.10.1978 to 29.11.2008 i.e. the date of search, which he could not account for satisfactorily.

(3.) The Govt. of Orissa, Home Department, Bhubaneswar as per order dated 17.12.2015 in exercise of powers conferred under sub-section (1) of section 13 of the 2006 Act authorized the Public Prosecutor concerned for making an application to the Authorized Officer, Bhubaneswar for confiscation of properties/pecuniary resources which were mentioned under the heading of immovable properties and moveable properties in total to the tune of Rs. 47,56,480.45 paisa.