RAJENDRA PRSAD BORAH Vs. CENTERAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Mr. P. Kataki, learned counsel for the appellants and Mr. B.D. Das., learned counsel appearing on behalf of the Assam Industrial Development Corporation (for short, 'AIDC') on behalf of the Respondent No. 2.

(2.) This First Appeal from of Order witnesses a challenge to the order dated 9.4.99 passed in Misc. Case No. 9 of 1996 arising out of Special Case No. 1 (C) 96 by learned Special Judge, Assam, Guwahati wherein the interim attachment order dated 29.3.1996 passed in favour of the Respondent No. 1, Central Bureau of Investigation (for short, 'CBI') accepting the request made by them for attachment of the properties of the appellants for their alleged involvement in unaccounted acquisition of properties through Veterinary Department to the Government of Assam, was modified after entertaining an application filed on behalf of AIDC, a Govt. of Assam Undertaking with aims and objects, inter-alia, to promote industrialisation in State of Assam by advancing loans to the entrepreneurs etc., to the extent that the order of ad-interim attachment passed on 29.3.1996 to attach the property of the hotel Chilarai Regency, Paltanbazar, stood vacated with a condition that if the sale proceed of the property was more than that of their claim then remaining amount would remain under ad interim attachment.

(3.) The facts, in a short compass, necessary and essential for proper resolution of this first appeal, may be recapitulated. The CBI initiated the instant Special Case No. 1 (C) 96 against the appellants with allegations that both the appellants in the year 1991-92 amassed a huge amount of money to the tune of Rs. 66,90,495/- by submitting false bills, sanction orders, work orders etc. through the Veterinary Department, Government of Assam and invested the money in acquiring assets, as detailed in their petition, including the investment for the purpose of purchasing Hotel Chilarai Regency and during the pendency of the said criminal proceeding, CBI, seeking the attachment of the said hotel, approached the learned Special Judge, Assam by filing an application under Section 3 of the Criminal Law (Amendment) Ordinance, 1944 (for short, 'the Ordinance') which was registered as Misc. Case No. 9/ 96 and the learned Court, on being satisfied, passed ad-interim attachment order on 29.3.99 in favour of the CBI against the appellants granting the relief as prayed for.