STATE OF BIHAR Vs. SUSHIL KUMAR CHOUDHARY

JUDGEMENT

(1.) THIS appeal is directed against the order, dated 30.10.2012, passed by the Special Court, I, Vigilance, Muzaffarpur, by which the Special Court has ordered that the cash worth Rs.88,51,030/ - and ornaments worth Rs.4,10,050/ - found in possession of Smt. Anita Chaudhary as istri dhan (women?s property) of Smt. Anita Chaudhary and issued direction to the District Magistrate, Muzaffarpur, to release the amount of Rs.88,51,030/ - to opposite party no. 2, Smt. Anita Chaudhary, which has been seized and deposited in State Bank of India, Raj Bhawan Vigilance Account No. 10217216148. and, further, the District Magistrate, Muzaffarpur, was directed to release the ornaments amounting to Rs.4,10,050/ -, which has been deposited in the Government?s Treasury, Muzaffarpur, to opposite party no. 2, Smt. Anita Chaudhary and, further, held that since opposite parties have not proved the rest amount earned from other source of income the District Magistrate, Muzaffarpur, has been authorized to take possession over the same amount within thirty days.

(2.) A petition was filed under Section 13 of the Special Court Act, 2009, against the opposite parties for confiscation of the properties mentioned in Schedule „Aof the petition as movable assets:

(3.) A case for an offence under Sections 409, 420, 467, 468 and 471/120B of the Penal Code and 13(2) read with 13(i)(e) of the Prevention of Corruption Act, 1988, was registered against the opposite party, Sushil Kumar Choudhary, the then, accused police officer Muzaffarpur and Smt. Ani Chaudhary and others. On merit it was found that they have defalcated a large sum, about seven crores and got illegal money transferred through CEMTEX System in three saving accounts along with three savings account in the name of his wife and two daughters and others, five savings account of other accused and on search Rs.88,51,030/ - defalcated money and ornaments worth Rs.4,10,050/ - recovered from the house of Sushil Kumar Choudhary. Subsequently, a Vigilance P.S. Case No. 16 of 2012, dated 09.02.2012, under Sections 420, 409 and 120B/201 of the Penal Code and 13(2) read with 13(i)(e) of the Special Court Act, 2009, against Sushil Kumar Choudhary and Smt. Anita Chaudhary for disproportionate assets. In disproportionate assets case a total amount of worth Rs.5,12,06,318/ - has been found as disproportionate assets as total transaction of six Banks account taken place in charge found, but, calculated amount physically kept in different bank and ornaments is listed in column „d?of Schedule „A?is available for confiscation found to be Rs.1,40,22,166/ -.