PARMESHWARI SINHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred under Sec. 17 of the Bihar Special Courts Act, 2009 against the order dated 29.04.2016 passed by the learned Authorised Officer, Vigilance Court No. II, Patna in Special Case No. 05 of 2010 arising out of Vigilance P.S. Case No. 16 of 2000 whereby the learned court below has refused the prayer of the appellants to drop the confiscation proceeding.

(2.) A brief background leading to this appeal is that Vigilance Police Station Case No. 16 of 2000 was registered against Late Kalika Prasad Sinha and the appellants. All the seven appellants are family members of Late Kalika Prasad Sinha. Allegation against the appellants is that they were conspirators with Late Kalika Prasad Sinha who was a public servant and retired on 30th June, 1996 from the post of Chairman, P.R.D.A. On 27.11.1997, the Income Tax Department raided his house and recovered movable and immovable property disproportionate to his known sources of income. Thereafter the aforesaid Vigilance Police Station Case No. 16 of 2000 was registered which gave rise to Special Case No. 05 of 2010.

(3.) The list of disproportionate property at Annexure-1 shows that some of the properties were purchased in the name of the appellants also by Late Kalika Prasad Sinha. During the pendency of the Vigilance Case, for offences under Sec. 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988, Bihar Special Courts Act, 2009 came into force. Chapter 3 thereof provides for confiscation of property of such public servant.