SUDHA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 17 of the Bihar Special Courts Act, 2009 (hereinafter referred to as 'the Act, 2009') by the appellants namely, Sudha Singh, appellant no. 1/opposite party no. 2 (wife of late Rabindra Prasad Singh) and Ravindra Prasad Singh, appellant no. 2/opposite party no. 1 (since deceased) against the judgment and order dtd. 5/8/2013 passed by learned Additional District and Sessions Judge -cum- Authorized Officer, Special Court No. 1, Muzaffarpur in Confiscation Case No. 06 of 2012, whereby and where under the learned court passed order for confiscation of the property of the appellants as per description in Schedule A and B of the petition under Sec. 13 of the Act.

(2.) Brief facts of the case are as follows:-

(3.) Notices were issued and served upon three opposite parties and O.P. Nos. 1 and 2 are the appellants in the instant appeal. Opposite Party No. 3 died before investigation of the case and her death certificate was brought on record. Both the appellants/opposite parties filed rejoinder making prayer to reject the petition of State for confiscation of Schedule A and B of the properties of the notice issued. The learned Authorized Officer having considered the material before him partially allowed the confiscation in favour of the State holding that except for certain items in Schedule A and B, rest of the items were acquired by illegal means by O.P. No.1/Appellant No. 2.