SANTOSH KUMAR JAISWAL, S/O LATE SURESH CHANDRA GUPTA Vs. STATE OF BIHAR THROUGH SPECIAL VIGILANCE UNIT, PATNA

JUDGEMENT

(1.) Heard Mr. Hemant Kumar, learned counsel for the appellant as well as Mr. Arvind Kumar, Law Officer, Vigilance.

(2.) The delinquent is taking tooth and nail to defeat the objective of the Bihar Special Court's Act where under Confiscation Proceeding 02/2010 has been initiated still pending before Authorized Officer, Special Court-II, Vigilance, Patna for hearing. The aforesaid Special Case originated on account of initiation of Vigilance Case No. 03/2007 on account of amassing huge property move able and immovable disproportionate to his income, that means to say, happens to be ill gotten acquisition.

(3.) From Annexure-1 of the memo of appeal which happens to be the original petition of confiscation where under under heading-1, immovable property there happens to be details of immovable property acquired by the delinquent at Serial No. 2, there happens to be disclosure with regard to acquisition of a plot under Adarsh Vihar Sahkari Grih Nirman Samiti Ltd, Patna located at Rajiv Nagar, Road No. 24 having in the name of Jaggannath Prasad, father of the delinquent. Though, the allotment letter has been disclosed in Serial No. 2 as 09.04.1988, it has been pleaded on behalf of appellant that the aforesaid acquisition was under registered sale deed dated 19.08.1979 but the aforesaid sale deed is not on the record. However, there happens to be Annexure-2, the sale deed dated 19.08.1989 executed by the Adarsh Vihar Sahkari Grih Nirman Samiti Ltd, Patna in favour of Jaggannath Prasad relating to the said plot. Although, it has been pleaded that Jaggannath Prasad was licensee moneylender so, was in possession of sumptuous money to purchase the aforesaid land but since when it has not been disclosed nor, license is on the record.