MUKESH GUPTA Vs. STATE OF RAJ.

JUDGEMENT

(1.) THE Petitioner is aggrieved by the order dated 20 -4 -2011, passed by Special Judge, Anti -Corruption Act, Kota, whereby the learned Judge has dismissed the application filed by the Petitioner under Section 457 Code of Criminal Procedure, for releasing 42 files recovered from the possession of the Petitioner.

(2.) THE brief facts of the case are that on 28 -10 -2010, a FIR No. 336/2010, was registered against seventeen persons, including the Petitioner, for the offences under Sections 8, 10, 13(1)(d), 13(2) of the Prevention of Corruption Act, 1988 and Section 120 -B IPC. According to the FIR, a secret information was received on 17 -10 -2010, that the lottery system for allotting houses by Rajasthan Housing Board at Jodhpur and Udaipur are being rigged. It was alleged that the Petitioner and one Radhey Shyam, in collusion with the officers of the Rajasthan Housing Board, would ensure that allotment would be made in favour of certain persons. During the course of investigation, the officers of the Anti -Corruption Department searched Petitioner's premises, and seized certain documents. During the course of search, they recovered 42 files. However, according to the Petitioner, these 42 files are absolutely unrelated to the alleged lottery system. Subsequently, the Petitioner filed an application under Section 457 Code of Criminal Procedure, praying therein that since the 42 files are unconnected with the alleged lottery system, as they are related to other persons, the same should be returned to him. However, vide order dated 20 -4 -2011, the learned Judge has dismissed the Petitioner's application. Hence, this petition before this Court.

(3.) IN all fairness, and in view of this Court rightly so, the learned Public Prosecutor has contended that the files may be returned to the Petitioner, provided certified copies of the files are kept in the record.