Central Bureau Of Investigation ... vs Khimraj T. Gadhvi
2021 Latest Caselaw 14666 Guj

     R/CR.MA/8333/2021                                   ORDER DATED: 21/09/2021



      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
       R/CRIMINAL MISC.APPLICATION NO. 8333 of 2021
                           With
             R/CRIMINAL APPEAL NO. 665 of 2021
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     CENTRAL BUREAU OF INVESTIGATION THROUGH VIJAY A. DESAI
                             Versus
                      KHIMRAJ T. GADHAVI
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Appearance:
MR RC KODEKAR(1395) for the Applicant(s) No. 1
 for the Respondent(s) No. 1,2
MS. C.M.SHAH, APP (2) for the Respondent(s) No. 3
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
                    Date : 21/09/2021

                                ORAL ORDER

1. This leave to appeal as also the appeal preferred by the Central Bureau of Investigation (CBI) - Investigating Agency against the order dated 21.02.2018 passed by the Special Judge, CBI Court No.9, at Mirzapur, Ahmedabad, rendered in CBI- Criminal Misc. Application No.324 of 2017 in CBI Special Case No.05 of 2009, rejecting the application filed by the CBI praying for confiscation of a property under Section 452, which is a residential house property alleged to have constructed from the ill-gotten money as respondent No.1 - accused was prosecuted and ultimately, convicted for an offence under Section 13(1)(e) of the Prevention of Corruption Act, whereas accused No.2 - wife of the accused No.1, came to be acquitted.

2. It is submitted that against the said judgment, both i.e. accused as also the CBI have preferred the appeals, which are admitted and pending before this Court.

R/CR.MA/8333/2021 ORDER DATED: 21/09/2021

3. Since order for securing the movable property seized from the accused is passed, so far as immovable property being residential house premises constructed from the ill-gotten money is not secured, the aforesaid application came to be filed by the CBI, which is ultimately rejected on the ground that the appeal against the judgment of conviction and order of sentence passed by that Court is pending before this Court.

4. However, residential premises where the accused are staying and which is alleged to have been constructed from the disproportionate income to his known source of approximately Rs.17,00,000/-, is required to be secured till the appeals filed by the accused as also by the CBI are finally heard.

5. Hence, respondents - convicted accused as also acquitted accused shall not deal with the residential property, which is alleged to have been constructed from the amount earned through disproportionate to the known source of income till the final disposal of Criminal Appeal No. 154 of 2017 and Criminal Appeal No.455 of 2018 filed either by accused No.1 or against accused No.2, who is ordered to be acquitted.

6. Since the appeal against the conviction imposed upon the accused No.1 is still pending, no final order for confiscation could be passed, it is desirable that the present Criminal Misc. Application as also Criminal Appeal be heard with Criminal Appeal No.154 of 2017 and Criminal Appeal No.455 of 2018.

(UMESH A. TRIVEDI, J) Lalji Desai