SHEIKH MOHAMMAD ASLAM Vs. UT OF JK

JUDGEMENT

(1.) In the instant petition, the petitioners challenge to order of the learned Special Judge, Anti-Corruption, Kashmir, Srinagar, dated 14th of May, 2021, passed in the application titled Sheikh Mohammad Aslam and Anr. Vs. UT of J and K through Superintendent of Police, Crime Branch, Srinagar, Kashmir, and seek its quashment with further direction to release the amount of Rs. 9.00 lakhs in favour of the petitioners. The petitioners seek release of the seized amount as also quashment of order impugned dated 14th of May, 2021, on the grounds detailed out as under:

(2.) It appears from the material on record that in First Information Report registered with the police station Crime Branch bearing FIR No. 18/2021 under sections 420, 468, 120-B of RPC read with section 5(2) of P.C. Act, the petitioners are admittedly not the accused, therefore, I need not to discuss the case of the prosecution because the issue involved in the instant petition is limited to seizure of the amount. It appears that during the course of investigation, the Investigating Officer in exercise of powers vested under law, has seized the amount and the petitioners being dissatisfied with such action on the part of the Investigating Officer, have filed the application seeking release of amount before the court of Special Judge, Anti-Corruption, Kashmir, Srinagar, which application stands rejected by the trial court on the ground that the investigation is still on and there is every apprehension;

(3.) In the status report, the Respondent-Crime Branch has reiterated the stand taken before the trial court, discussing the progress of investigation and the result of releasing the amount, defeating the purpose of investigation and hampering the further progress but have admitted that the petitioners are not the accused in the case and are only relatives of the accused.