LILMUNI KISKU @ PHOOL MANI KISKU WIFE OF LATE BHAGAT HEMBRAM Vs. STATE OF BIHAR THROUGH CABINET VIGILANCE DEPARTMENT, GOVT OF BIHAR

JUDGEMENT

(1.) During course of hearing the appeals common question of law has been perceived on account thereof, are being dealt with conjointly.

(2.) So far facts of CR. APP (SJ) Nos.1483 of 2017, 1585 of 2017, 1587 of 2017, 1642 of 2017, 1710 of 2017 are concerned, it is evident that the delinquent Sonelal Hembrum is being prosecuted for the offences having been drawn up under the Prevention of Corruption Act including different provisions of the IPC bearing Vigilance PS Case No. 20/2000. During course of the investigation of the same, the Investigating Authority found the property so amassed disproportionate to the income whereupon, the Special Case No. 05/2012 has been launched under Section 13 of the Bihar Special Court's Act 2009 and vide order dated 10.04.2017 the Additional District and Sessions Judge 10th -cum-Authorised Officer Court No.II, Vigilance, Patna has allowed the same directing the confiscation of the property detailed under para-F of the petition, directing the District Magistrate, Patna to take possession in terms of Section 18(2) of the Bihar Special Courts Act.

(3.) During course of launching of aforesaid Special Case as required under the statute, rules as well as series of judicial pronouncement, all the concerns in whose name property stands though acquired by the delinquent by means of illegal means are to be made Opposite Party, and during course thereof, it has been averred that some of the properties so detailed under Schedule happens to be in name of Smt. Gomti Hembrum (since deceased) wife of Sonelal Hembrum before launching of the proceeding and so was not made party, however, it has also been averred that the property having in the name of Smt. Gomti Hembrum should be by no mistake, be considered as property of the delinquent namely, Sonelal Hembrum. The other parts of the petition further contains elaborate recital with regard to the properties so detailed inconsonance with the relief.