THAKUR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner, while working as Deputy Chief Controller of Explosives, was prosecuted by the Central Bureau of Investigation for offences under Sections 7 and 13(1)(e) of the Prevention of Corruption Act. The allegation in said case against the petitioner was that he was in possession of assets which is disproportionate to his known source of income, to the tune of Rs. 12,80,108.00. The petitioner was found guilty of both the said offences and convicted. After the conviction, a case was registered against the petitioner suspecting commission of offence under Sec. 3 of the Prevention of Money Laundering Act, 2002 ('the Act' for short). Ext.P2 is the Information Report in the said case. Pursuant to Ext.P2, the petitioner was summoned by the fourth respondent as part of the investigation. According to the petitioner, the investigation initiated against him pursuant to Ext.P2 report is unsustainable in law, in as much as the Act was not in force when the petitioner is alleged to have committed the offences under the Prevention of Corruption Act. According to him, the proceedings pursuant to Ext.P2 report is therefore violative of the fundamental right guaranteed to the petitioner under Art. 20(1) of the Constitution. It is also the case of the petitioner that Ext.P2 report does not disclose that the petitioner has involved in any process or activity connected with the proceeds of the crime nor does it disclose that the petitioner has projected or claimed it as an untainted property. According to the petitioner, to attract the offence under Sec. 3 of the Act, both the aforesaid ingredients have to be established. The petitioner, therefore, preferred Ext.P1 representation requesting the fourth respondent to drop the proceedings initiated pursuant to Ext.P2 report. Since there was no response to Ext.P1 representation, the petitioner approached this Court and obtained a direction to the fourth respondent to consider Ext.P1 representation. The said direction was issued by this Court in WP(C).No.20529 of 2014. Pursuant to the said direction, the fourth respondent has now passed Ext.P4 order rejecting the contentions raised by the petitioner in Ext.P1 representation. The petitioner is aggrieved by Ext.P4 decision of the fourth respondent. Hence this writ petition.

(2.) Heard the learned counsel for the petitioner as also the learned Assistant Solicitor General for the respondents.

(3.) The learned counsel for the petitioner contended that the proceedings have been initiated against the petitioner solely based on the registration of the case under Sec. 13(1) (e) of the Prevention of Corruption Act and the consequent conviction of the petitioner. According to the learned counsel, the allegation in the said case is that he has amassed wealth disproportionate to his known sources of income, for the period from 1.1.1997 to 31.10.2002. It was contended that since the Act was brought into force only with effect from 4.1.2013, the registration and investigation of the case under the Act is hit by Art. 20(1) of the Constitution. It was also contended by the learned counsel for the petitioner that Ext.P2 report does not disclose the facts necessary to constitute a case under Sec. 3 of the Act.