SHIVA SHANKAR VERMA Vs. USHA VERMA

JUDGEMENT

(1.) THE present batch of four appeals arises out of an order passed by the learned Additional District and Sessions Judge -cum -Authorised Officer, Patna, on 17.3.2011 under Section 15 of the Bihar Special Courts Act, 2009 , in connection with Special Case No. 3 of 2010 arising out of Special Vigilance Unit Case No. 2 of 2007 under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 by which the learned Authorised Officer directed the assets belonging to appellant Shivashankar Verma worth Rs. 1,43,96,265/ - be confiscated to the State of Bihar. It was further directed that appellant Shivashankar Verma surrender or deliver possession of the assets shown in paragraph 24 of Annexure - IV appearing at serial nos. 1 to 13 to the District Magistrate, Patna who was to take possession of all the movable and immovable assets within thirty days from the date of the service of the order, failing which the District Magistrate, Patna or the Authorised Officer was to take possession by taking all coercive steps in view of the provision contained in Section 18(2) of theBihar Special Courts Act, 2009.

(2.) THE two appellants of Cr. Appeal No. 507 of 2011, namely, Shivashankar Verma and Smt. Usha Verma, are spouses, Shivashankar Verma on the relevant date being the Secretary, Department of Minor Irrigation, Govt. of Bihar, Patna. The appellant in Cr. Appeal No.546 of 2011 Dr. Upendra Prasad Singh has been held to be an abettor by attempting to conceal the property relating to Khata No. 2, Plot No. 96, Phulwari, Alipur. Appellant Ram Pal Verma alias Ram Pal (appellant in Cr. Appeal No. 550 of 2011) is the father of appellant Shivshankar Verma whereas appellants Shyam Lal Singh, Chandra Pal Singh and Krishna Pal Singh are the father -in -law and brothers -in -law of appellant Shivashankar Verma. Appellant No. 4 Smt. Suman Verma alias Suman Lata Verma is the sister of appellant Smt.Usha Verma, and they have equally been arrayed as persons who connived with the appellant Shivashankar Verma in concealing the assets earned by him which was disproportionate to his known sources of income in various ways, as may appear from the discussions likely to be made by me while considering the four appeals. Thus, what is admitted is that except appellant Dr. Upendra Prasad Singh, the solitary appellant in Cr. Appeal No.546 of 2011, all the appellants are related to each other either by blood or by marriage.

(3.) IT was stated by the State of Bihar in its petition under Section 13 of theBihar Special Courts Act, 2009( ,,Act? in short) that during search operations on 6.7.2007 in connection with the above noted case, cash of Rs. 1,64,990/ - and 578 Dollars which were of the value of Rs. 24,854/ -, were recovered and seized from the house of appellant Shiva Shankar Verma, that?s, House No.406, Saubhagya Sharma Patha, Rukanpura, Bailey Road, Patna -1. The above recoveries were made on 6.7.2007. Besides the above amount of cash in Indian and foreign currencies, other articles were also found there but they were not seized in spite of being shown in the inventory papered on the spot in presence of the family members of the appellant Shiva Shankar Verma. Those articles were found valued at Rs. 22,14,893/ - as shown in Annexure 3 to the petition filed under Section 13 of the Act by the State of Bihar.