M K JALALI Vs. STATE OF J&K

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 19 -09 -2000 passed by the learned Special Judge, Anti Corruption, Jammu whereby he rejected applications No. 162/ Misc/2000 and 170/Misc/2000 and accepted application No. 171/Misc/2000.

(2.) IN application No. 162/Misc/2000 petitioner no. 2 had made a prayer for the release of cash amount of Rs. 19,86,150/ - in her favour by showing that the said amount was a part of the price of her and her sons house situated in Trikuta Nagar, Jammu which she alongwith her sons had agreed to sell to M/s Devki Nandan Kapoor and Others. The agreement of sale was executed on 8 -12 -1997 and part of the sale price amounting to Rupees Twenty Lakhs was received by her and her sons. The Vigilance Organisation in the raid conducted in the house of petitioner no. 1 had seized the said amount showing the same as un -accounted wealth of petitioner no. 1. Petitioner no. 2 (Smt. Nirmala Jalali) had shown this amount in the Income Tax returns filed before the Income Tax Authorities as part of the consideration for the sale of the house. The learned trial Judge rejected the application on the ground that this was an afterthought defence concocted in order to escape the penal consequences. No record for the alleged sale was produced before the Investigating Agency in order to save the seizure of exorbitant amount of Rupees Nineteen Lakhs Eighty Six Thousands One Hundred and Fifty.

(3.) IN application No. 173/2000, petitioner no. 1 had made the prayer for placing on record 76 documents, photostat copies thereof except few (which were in original form) were accompanying the application. The trial Judge disallowed their production as their genuineness was doubted. The rejection of their production was however, made limited for that stage of the case and the order had no bearing for their production at subsequent stage of the proceeding.