WIMPY INTERNATIONAL LIMITED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing the order dated January 7, 2004 (Annexure P-10) whereby their application for releasing the various documents/articles taken into custody by the police from them during investigation of the case has been dismissed.

(2.) As FIR bearing No. 22 dated 29.8.2002 was registered by the Police Station, Vigilance Bureau, Flying Squad-1, Punjab, Mohali under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act and Section 120-B IPC against one Hardeep Singh OSD to Shri Parkash Singh Badal, on the allegations that he has collected wealth disproportionate to his known sources of income by employing illegal methods. During investigation of the said FIR a raid was conducted by the Vigilance Bureau, Punjab in the office of the petitioners company M/s Wimpy International Limited at New Delhi, in the said raid, the Vigilance Bureau seized large number of valuable documents pertaining to the petitioners company, including files, log books, original registration certificates of all the vehicles of the company, computers and other office equipments. In the said raid, the police party had also taken in possession number of documents, files, computers and personal belongings from the residence of petitioners No. 2 to 5, who were the employees and Director of the petitioners company. The list of the documents files and computers etc. seized from the petitioners on 14.6.2003 and 17.6.2003 has been given in the petition.

(3.) After completion of the investigation the petitioners filed Criminal Misc, Application 35 dated 3.9,2003 before the Special Judge Ropar for releasing the seized articles/properties on supardari, as in absence of the documents the petitioners company was not even in a position to run its day to day business and to file the income tax return, sales tax return and hold its Annual General Meeting.