Chattisgarh High Court
V.K.Gupta vs State Of Chhattisgarh on 6 May, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1315 of 2003
• V. K. Gupta, S/o Late Shri K.M. Gupta, aged about 57 years, Occupation :
Posted as Divisional Engineer (Civil), H.S.C.L., New Delhi, R/o K.E.-30, New
Kavi Nagar, Ghaziabad (U.P.).
Versus
• State of Madhya Pradesh through C.B.I., Jabalpur (Now State of Chhattisgarh),
C.B.I. Office Bhilai, District Durg (C.G.).
06/05/2022 Mr. Vivek Sharma and Mr. Gary Mukhopadhyay, Advocates
for the Appellant.
Mr. Ramakant Mishra, Asstt. Solicitor General for Union of
India/respondent No.2.
The applicant has filed I.A.No.02/2021, for release of
security documents on the ground that the instant appeal has
been filed against the judgment dated 05.12.2003 passed by the
learned Special Judge, C.B.I., Raipur, in Special Case No.22/2002.
Learned counsel for the appellant submits that the
property of appellant has been seized by the C.B.I. inclusive of
cash, certificate issued by the Government, Bank Accounts and
other instruments. The property seized from the appellant
consists of Shares, Debentures, Bonds, LIC Policy, Fixed Deposits,
Bank Account, PPF Account etc., which are in custody of the
Court is shown in Document- 'A' and details of PPF account
shown in Document- 'B'. The valuable securities as shown in
Document 'A' have matured but in absence of specific
direction, the same are not being properly managed because of
which the appellant is suffering continuing loss due to non-
release of the aforesaid valuable securities during the pendency
of the instant appeal. Further, the PPF account also matured on
31.03.2013 and the maturity amount is either to be paid or the
account is further required to be extended. Thus, the appellant
may be allowed to manage his certificates and PPF account for
some future dates. The appellant is ready to abide by all the
conditions as may be imposed by this Court. In support of
application, the appellant has filed affidavit duly sworn in by him.
Learned Assistant Solicitor General for Union of
India/respondent No.2 strongly opposing the application submits
that these documents are part of evidence of this case and the
appeal is still pending for adjudication, as such, the application
may be dismissed.
I have heard learned counsel for the parties and gone
through the documents annexed with application as Document
- 'A' and Document - 'B'.
The documents so filed by the appellant would show that
the maturity date of the documents, which are listed in
Document -'A' are over and P.P.F. account also got matured on
31.03.2013.
Considering the fact that the appeal is still pending for
adjudication and the maturity of most of the documents got
over, this Court deem it appropriate to hand over the listed
documents to the appellant with the following
conditions/directions :-
(i) That, original documents shown in Document - 'A'
shall be handed over to the appellant after submitting
photostate copies of the same, and after getting it
renewed, the same shall be submitted by the appellant
before the Court, which will form part of this case.
(ii) That, as regards PPF account show in Document-'B',
the concerned bank be directed to extend the period of the
same, if provides in relevant rules.
(iii) The Additional Registrar (Judl.) is directed to hand
over the documents shown in Document - 'A' and
Document - 'B' to the appellant after due verification
and after getting the documents renewed, the same shall
be kept in this case.
Accordingly, I.A.No.02/2021 stands disposed of.
List this case for final hearing in due course.
Sd/-
(Rajani Dubey)
Judge
pkd
