RAGHUBANSH KUNWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the order dated 10.12.2010 passed by Sri Ramesh Chandra Mishra, Special Court No. 2 (Vigilance) Patna in Special Confiscation Proceeding 4 of 2010 whereby he has declared certain property of the Appellants to be confiscated by the State of Bihar under the provisions of Bihar Special Courts Act, 2009.

(2.) It appears that in the Confiscation Proceeding the Appellants raised dispute that they did not have copy of relevant documents and notice of the proceeding was defective. This appeal was admitted on 22.2.2010 and on 4.1.2011 an interim order of status-quo was ordered by this Court which is continuing. On 12.1.2011 the interim order was further clarified that the Confiscation Proceeding on the basis of the impugned order shall not proceed. That order directed that the State shall remove all defects which could have occurred in the proceeding before the lower court. Under the aforesaid order of this Court, the State has furnished the documents considered relevant for the Confiscation Proceeding.

(3.) With the consent of the parties, the matter has been taken up for final disposal because from the submissions advanced by the parties, it is evident that the matter has to be remanded back to the proper authority for fresh adjudication either on the basis that defects have already been removed by supply of necessary documents or on the basis that some defects may still have to be removed in order to fully comply with the provision of Section 13 (1) (g) (h) and Rule 14 (3) of the Rules framed under the Act.