Madhya Pradesh High Court
Lakshman Singh vs Central Bureau Of Investigation on 30 May, 2024
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3950 of 2017
(LAKSHMAN SINGH Vs CENTRAL BUREAU OF INVESTIGATION)
Dated : 30-05-2024
Shri Anil Khare - Senior Advocate with Ms. Shreya Chaturvedi -
Advocate for the appellant.
Shri Vikram Singh - Advocate for respondent.
Heard on I.A. No.13546/2019, an application for release of
documents and release of lockers.
2. Since multiple details have been given in the application, therefore,
the entire application is being reproduced as under:
"IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABAPUR
Criminal Appeal No.3950/2017
Appellant:- : Lakshman Singh
Versus
Respondent:- : Union of India through C.B.I.
APPLICATION FOR RELEASE OF DOCUMENTS and
RELEASE OF LOCKER KEYS AND UTLIZATION
THEREOF
The applicant named above most respectfully submits
as under.
1. That he has filed the present appeal against the judgment
dated 26.09.2017 passed by Special Judge (CBI) and 4th
Additional Sessions Judge, Jabalpur, namely Smt. Maya
Vishwalal, in Special Case No. 18/2014 whereby he has
been convicted for offence punishable under Section
13(1)(e) read with 13 (2) of the Prevention of Corruption
Act, 1988 and sentenced to undergo R.I. for 4 years along
with fine of Rs. 1,00,000/-
2. It is submitted that based on source information an FIR was
registered against the present appellant on 31.07.09 and a
search was conducted in the house of the appellant on
20.07.2009 by the officials of CBI and a seizure list was
also prepared. After the raid, income and expenditure of the
appellant has been assessed and subsequently the charge-
sheet has been filed before the competent court of law, post
which after conclusion of the trial the applicant stands
convicted for the aforementioned offences and sentenced as
above.
3. It is submitted that a seizure memo of the documents seized
from the houses of the appellant by the CBI was also
prepared by it which has been exhibited vide Ex P/266
during the course of trial which are being collectively
marked and filed herewith as Annexure A/1.
4. It is submitted that the various original documents have
also been seized, which find place in Annexure A/1.
5. It is submitted that as per the case of the prosecution the
appellant was found to be in possession of assets worth Rs.
41,43,415/- disproportionate to his known sources of
income. It is submitted that the learned trial court vide the
impugned judgment has come to a conclusion that the
appellant was in possession of assets amounting to Rs.
24,03,485/- disproportionate to his known sources of
income. It is further submitted that the learned trial while
passing the impugned judgment from Para 211 onwards has
held that out of the bank balance an amount of Rs.
13,45,485/- and debentures/Suvidha bonds (Ex P-237-1 to
Ex P-237-52) amounting to Rs. 10,58,000/- are required to
be confiscated. It is submitted that post the passing of the
impugned judgment the assets of the appellant amounting
to Rs. 24,03,485/- have already been attached and the
amount therein has also been realized. It is further
submitted that the assets of the appellant equivalent to the
disproportionate assets amount as arrived by the trial court
has already been realized from him/confiscated from him
as such the release of the documents sought for not would
not be adverse to the interests of the prosecution.
6. It is submitted that following are the original documents
which have been seized vide Annexure A/1 are being
sought for by the present appellant vide the instant
application:
TABLE-A
S.No. Exhibit STDR's- SBI Morwa Branch, Singrauli
No.
Amount Date of Date of Amount Witness
deposited deposit maturity of by
maturity whom
exhibited
1. P/233-1 75,000 06.04.2009 06.04.2010 81,262 P.W.24
2. P/233-2 70,000 17.03.2009 17.03.2010 75,845 P.W.24
3. P/233-3 90,000 10.12.2008 10.12.2009 98,859 P.W.24
4. P/233-4 60,000 21.01.2009 21.01.2010 65,265 P.W.24
5. P/233-5 60,000 04.02.2009 04.02.2010 65,265 P.W.24
6. P/233-6 45,000 07.05.2009 07.05.2010 48,471 P.W.24
7. P/233-7 50,000 11.06.2009 11.06.2010 53,725 P.W.24
8. P/233-8 90,000 12.03.2009 12.03.2010 97,514 P.W.24
It is informed that the amount of the above-mentioned STDR's would be
deposited in the SBI, Branch -Morwa Account no. 10773275733 which has
also been seized by the CBI. It is further informed that on the date of raid, an
amount of Rs. 46,760 was there in the said account. It is, therefore,
submitted that for utilization of the amount from the above-mentioned
STDR's pursuant to its release, the said account would also have to be
released.
TABLE-B
S.No. Exhibit KVP- Kakari Project, Post Office - Sonabhadra (U.P.)
No.
Amount Date of KVP Number Amount of
deposited deposit maturity
1. P/79 10,000 04.05.2002 00CD150771 P.W.7
2. P/80 5,000 04.07.2006 35BC581025 P.W.7
3. P/81 5,000 04.07.2006 35BC581026 P.W.7
4. P/82 5,000 04.07.2006 35BC581027 P.W.7
5. P/83 5,000 04.07.2006 35BC581028 P.W.7
6. P/84 10,000 09.06.2003 18CD494243 P.W.7
7. P/85 10,000 09.06.2003 18CD494244 P.W.7
8. P/86 10,000 09.06.2003 18CD494245 P.W.7
9. P/87 10,000 22.12.2003 30CD851858 P.W.7
10. P/88 10,000 21.06.2005 59EE277529 P.W.7
TABLE-C
S.No. Exhibit No. KVP/NSC - Khadia Project, Post Office - Sidhi (M.P.)
Amount Date of KVP Number Witness
deposited deposit by
whom
exhibited
1. P/101 5,000 23.01.2003 90BB328808 P.W.8
2. P/102 10,000 23.01.2003 08CD377509 P.W.8
3. P/103 10,000 22.10.2005 52CD349194 P.W.8
4. P/104 10,000 06.09.2002 03CD246352 P.W.8
5. P/105 10,000 06.09.2002 03CD246353 P.W.8
6. P/106 10,000 06.11.2002 04CD242443 P.W.8
7. P/107 5,000 16.07.2002 89BB573709 P.W.8
8. P/108 10,000 22.10.2005 NSC P.W.8
59EE277696
In addition to the above-mentioned KVP/NSC, there is also a Fixed deposit
account with Acc. No. 573065 and its passbook is Ex. P-109, which shall
also be released.
TABLE-D
S.No. Exhibit No. KVP/NSC - Dudhichua Project, Post Office - Dudhichua
(M.P.)
Amount Date of KVP Witness by
deposited deposit Number whom
exhibited
1. P/117 5,000 17.03.2004 15BC362578 P.W.9
2. P/118 10,000 17.03.2004 14CD115210 P.W.9
3. P/119 5,000 31.01.2003 86BB050674 P.W.9
4. P/120 5,000 31.01.2003 86BB050675 P.W.9
5. P/121 5,000 31.01.2003 86BB050676 P.W.9
6. P/122 5,000 31.01.2003 86BB050677 P.W.9
7. P/123 5,000 31.01.2003 86BB050678 P.W.9
8. P/124 5,000 31.01.2003 86BB050679 P.W.9
9. P/125 5,000 31.01.2003 86BB050680 P.W.9
10. P/126 5,000 31.01.2003 86BB050681 P.W.9
11. P/127 5,000 31.01.2003 86BB050682 P.W.9
12. P/128 5,000 31.01.2003 86BB050683 P.W.9
13. P/129 5,000 31.01.2003 86BB050684 P.W.9
14. P/130 5,000 31.01.2003 86BB050685 P.W.9
15. P/131 10,000 16.04.2003 19CD209620 P.W.9
16. P/132 10,000 16.04.2003 19CD209621 P.W.9
17. P/133 10,000 16.04.2003 19CD209622 P.W.9
18. P/134 10,000 16.04.2003 19CD209623 P.W.9
19. P/135 5,000 16.09.2003 01BC234052 P.W.9
20. P/136 5,000 16.09.2003 01BC234053 P.W.9
21. P/137 5,000 16.09.2003 01BC234054 P.W.9
22. P/138 5,000 16.09.2003 01BC234055 P.W.9
23. P/139 10,000 01.10.2003 25CD660672 P.W.9
24. P/140 10,000 01.10.2003 25CD660673 P.W.9
25. P/141 10,000 12.11.2003 25CD662428 P.W.9
26. P/142 10,000 11.07.2005 64CD017869 P.W.9
27. P/143 5,000 16.11.2005 37DC099339 P.W.9
28. P/144 5,000 16.11.2005 37DC099340 P.W.9
29. P/145 5,000 06.11.2003 NSC P.W.9
38DD278986
30. P/146 5,000 06.11.2003 NSC P.W.9
38DD278987
31. P/147 5,000 06.11.2003 NSC P.W.9
38DD278988
TABLE-E
S.No. Exhibit No. KVP- Nigahi Project, Post Office - Nigahi (M.P.)
Amount Date of KVP Witness
deposited deposit Number by whom
exhibited
1. P/168 5,000 14.08.2006 42BC502826 P.W.10
2. P/169 5,000 14.08.2006 42BC502827 P.W.10
3. P/170 5,000 14.08.2006 42BC502828 P.W.10
4. P/171 5,000 14.08.2006 42BC502829 P.W.10
5. P/172 10,000 26.08.2003 22CD084085 P.W.10
6. P/173 10,000 26.08.2003 22CD084086 P.W.10
7. P/174 10,000 15.11.2002 09CD865850 P.W.10
8. P/175 10,000 15.11.2002 09CD865851 P.W.10
TABLE-F
S.No. Exhibit No. KVP/NSC- Shaktinagar Project, Post Office -
Shaktinagar (M.P.)
Amount Date of KVP Witness
deposited deposit Number by whom
exhibited
1. P/180 5,000 17.04.2003 93BB944949 P.W.11
2. P/181 10,000 17.04.2003 18CD493727 P.W.11
3. P/183 10,000 17.04.2003 18CD493728 P.W.11
4. P/183 10,000 06.09.2002 03CD248864 P.W.11
5. P/184 10,000 11.08.2004 NSC P.W.11
58EE693289
6. P/185 10,000 11.08.2004 NSC P.W.11
58EE693290
TABLE-G
S.No. Exhibit No. KVP- Renusagar Project, Post Office - Renusagar
(U.P.)
Amount Date of KVP Witness by
deposited deposit Number whom
exhibited
1. P/190 10,000 29.10.2005 52CD349698 P.W.13
2. P/191 10,000 09.11.2005 52CD355622 P.W.13
3. P/192 10,000 09.11.2005 52CD355623 P.W.13
TABLE-H
S.No. Exhibit No. KVP- TPS Shaktinagar, Post Office - TPS Shaktinagar
(U.P.)
Amount Date of KVP Number Witness
deposited deposit by whom
exhibited
1. P/202 5,000 15.05.2006 23BC692455 P.W.14
2. P/203 5,000 15.05.2006 23BC692456 P.W.14
3. P/204 5,000 15.05.2006 23BC692457 P.W.14
TABLE-I
S.No. Exhibit No. KVP- NSC- Jayant Colliery, Post Office - Jayant
(M.P.)
Amount Date of KVP Witness
deposited deposit Number by
whom
exhibite
d
1. P/226-1 10,000 19.06.2004 43CD061314 P.W.22
2. P/226-2 10,000 10.08.2004 43CD062705 P.W.22
3. P/226-3 10,000 10.08.2004 43CD062706 P.W.22
4. P/226-4 10,000 10.08.2004 43CD062707 P.W.22
5. P/226-5 10,000 17.08.2006 79CD035523 P.W.22
6. P/226-6 10,000 13.11.2003 25CD662286 P.W.22
7. P/226-7 10,000 13.11.2003 25CD662287 P.W.22
8. P/226-8 10,000 13.11.2003 25CD662288 P.W.22
9. P/226-9 5,000 24.05.2003 98BB204785 P.W.22
10. P/226-10 5,000 24.05.2003 98BB204786 P.W.22
11. P/226-11 5,000 24.05.2003 98BB204787 P.W.22
12. P/226-12 5,000 23.01.2003 86BB049131 P.W.22
13. P/226-13 5,000 23.01.2003 86BB049132 P.W.22
14. P/226-14 5,000 23.01.2003 86BB049133 P.W.22
15. P/226-15 5,000 23.01.2003 86BB049134 P.W.22
16. P/226-16 5,000 07.01.2003 90BB624864 P.W.22
17. P/226-17 5,000 07.01.2003 90BB624865 P.W.22
18. P/226-18 5,000 07.01.2003 90BB624866 P.W.22
19. P/226-19 5,000 12.03.2003 98BB202184 P.W.22
20. P/226-20 5,000 12.03.2003 98BB202185 P.W.22
21. P/226-21 5,000 12.03.2003 98BB202186 P.W.22
22. P/226-21 5,000 12.03.2003 98BB202187 P.W.22
23. P/226-23 5,000 12.03.2003 98BB202188 P.W.22
24. P/226-24 5,000 12.03.2003 98BB202189 P.W.22
25. P/226-25 5,000 13.02.2003 86BB051799 P.W.22
26. P/226-26 5,000 13.02.2003 86BB051800 P.W.22
27. P/226-27 10,000 16.08.2003 22CD084493 P.W.22
28. P/226-28 10,000 16.08.2003 22CD084494 P.W.22
29. P/226-29 10,000 13.10.2003 25CD660751 P.W.22
30. P/226-30 10,000 21.07.2005 64CD018008 P.W.22
31. P/227-31 10,000 27.09.2005 70CD023730 P.W.22
32. P/227-32 10,000 27.09.2005 70CD023731 P.W.22
33. P/227-33 10,000 16.11.2005 75CD247376 P.W.22
34. P/227-34 10,000 16.11.2005 75CD247377 P.W.22
35. P/227-35 10,000 05.05.2005 64CD014034 P.W.22
36. P/227-36 10,000 05.05.2005 64CD014035 P.W.22
37. P/227-37 10,000 05.05.2005 64CD014036 P.W.22
38. P/227-38 10,000 21.11.2002 09CD865986 P.W.22
39. P/227-39 10,000 21.11.2002 09CD865987 P.W.22
40. P/227-40 10,000 12.05.2004 NSC P.W.22
46EE350161
41. P/227-41 10,000 12.05.2004 NSC P.W.22
46EE350162
42. P/227-42 10,000 12.05.2004 NSC P.W.22
46EE350163
43. P/227-43 10,000 06.11.2003 NSC P.W.22
43EE387063
In addition to the above-mentioned KVP/NSC, there is also a Savings Account
with Acc. No.6988128 and its passbook is Ex.P-230, which shall also be
released.
TABLE - J
S.No. Exhibit No. KVP- Anpara TPS, Post Office - Sonabhadara (U.P.)
Amount Date of KVP Number Witness
deposited deposit by whom
exhibited
1. P/243 10,000 10.03.2004 37CD994667 P.W.31
2. P/244 10,000 11.08.2005 45CD264432 P.W.31
3. P/245 10,000 11.08.2005 45CD264433 P.W.31
4. P/246 10,000 26.08.2005 45CD264587 P.W.31
5. P/247 5,000 09.09.2005 18BC287380 P.W.31
6. P/248 5,000 09.09.2005 18BC287381 P.W.31
TABLE - K
S.No. Exhibit No. LIC Policies -Shaktinagar, District - Sonabhadara
(U.P.)
Policy No. Date of issue Date of Witness by
maturity whom
exhibited
1. P/66 281954306 28.03.2001 28.02.2016 P.W.6
2. P/67 281946326 26.09.1997 26.09.2011 P.W.6
3. P/68 281946321 26.09.1997 26.09.2011 P.W.6
4. P/69 281958036 28.12.1996 28.12.2013 P.W.6
5. P/70 281958037 28.12.1996 28.12.2013 P.W.6
6. P/71 283446126 08.04.2002 08.04.2012 P.W.6
7. P/72 281956260 12.12.2001 12.12.2011 P.W.6
8. P/73 281956034 19.11.2001 19.11.2011 P.W.6
9. P/74 281956035 19.11.2001 19.11.2011 P.W.6
TABLE - L
S.No. Exhibit No. LIC Policies - Waidhan, District Singrauli (M.P.)
Policy Date of issue Date of Witness by whom
No. maturity exhibited
1. P/240-A, 379317491 31.12.2007 31.12.2012 P.W.30
P/240-B
2. P/240-A, 379317488 31.12.2007 31.12.2012 P.W.30
P/240-B
3. P/240-A, 370488171 28.01.1993 28.01.2012 P.W.30
P/240-C
4. P/242, 379314722 09.10.2007 09.10.2017 P.W.30
P/242-A
It is informed that the CBI during the house search (Search list marked as
Ex.P/266), seized original of two policies with policy no.379317491 and
379317488 (as mentioned at Sr. no.25 and 26 respectively of the Search list
marked as Ex.P/266)) but they have not presented same in the court.
It is informed that during the locker operation memorandum (Ex.P/269), the
CBI seized original of a policy with policy no.379314722 which is also
reflected in locker operation memorandum (Ex.P/269) but has not been
presented in the court.
TABLE - M
S.No. Exhibit Sahara bond certificates - Anpara, District - Sonabhadara
No. (U.P.)
Sahara Bhond Date of Issue Date of Witness by
No./ Nirman maturity whom
Bond No. exhibited
1 P/230-1 280013465 31.12.1999 31.12.2013 P.W.23
2 P/230-2 280005592 22.03.1999 22.03.2013 P.W.23
3 P/230-3 280005346 15.02.1999 15.02.2013 P.W.23
4 P/230-4 280005345 15.02.1999 15.02.2013 P.W.23
5 P/230-5 488001987599 05.01.2009 05.01.2013 P.W.23
6 P/230-6 488001705602 20.12.2008 20.12.2012 P.W.23
7 P/230-7 488001705603 20.12.2008 20.12.2012 P.W.23
8 P/230-8 488001705604 20.12.2008 20.12.2012 P.W.23
9 P/230-9 488001705605 20.12.2008 20.12.2012 P.W.23
10 P/230-10 488001102798 20.12.2008 20.12.2012 P.W.23
11 P/230-11 488001102799 20.12.2008 20.12.2012 P.W.23
12 P/230-12 488001102800 20.12.2008 20.12.2012 P.W.23
13 P/230-13 488001705601 20.12.2008 20.12.2012 P.W.23
TABLE -N
S.No. Exhibit No. Birla Sun life Policy
Sahara Bond Date of issue Date of Witness by
No./Nirman maturity whom
Bond No. exhibited
1. P/268-A 000303433 08.10.2004 08.10.2013 P.W.38
7. It is submitted that the invested amounts mentioned from
TABLE-A TO TABLE-N have matured and the maturity amount
is lying unused and on account of their seizure could not be re-
invested.
8. It is further submitted that apart from the above the appellant is
also seeking operation of the following bank lockers and also the
release of locker keys thereof:
TABLE -O
S.No. Exhibit No. Account Statement
Loker Detail of Type of Locker Related
Holder Bank name Account no. witness
& related
Account No.
1. P/266, Lakshaman Union Bank Savings 97 P.W.39,
/269, Singh and of India, a/c P.W.50,
P/280 Ram Rati Branch P.W.62
Devi Shaktinagar,
Sonabhadara
(U.P.) 11330
1. P/266, Lakshaman State Bank of Savings 26-A P.W.40,
/270, Singh and India Branch a/c P.W.49,
P/279 Ram Rati - Jayanth, P.W.62
Devi Singrauli
(M.P.)
1078094364
9. It is further submitted that apart from the above the present
appellant is also seeking release of Locker Keys related to bank
lockers as mentioned in Table-O at Sr.No. 1 and 2. It is submitted
that the reference of the same finds place at Sr. no. 80 of the
search list (Ex. P/266). It is submitted that the present appellant is
also seeking operation of the locker pertaining to the above-
mentioned locker keys pursuant to the release of the locker keys.
10. It is informed that in the Table - A, the amount of the above-
mentioned STDR's would be deposited in the SBI, Branch-
Morwa Account no. 10773275733 which has also been seized by
the CBI. It is further informed that on the date of raid, an amount
of Rs. 46,760 was there in the said account. It is, therefore,
submitted that for utilization of the amount from the above-
mentioned STDR's pursuant to its release, the said account would
also have to be released. It is submitted that the court in the
judgement has ordered confiscation of Rs. 46,760 that was there
in the said account on the date of raid. It is, therefore, submitted
that apart from the amount of Rs. 46,760, rest amount which
would be credited from the STDR's mentioned in Table - A may
be accessed by the appellant pursuant to its release by this
Hon'ble Court.
11. It is submitted that the appellant is an old person of around 62
years of age and does not have any means of livelihood. It is
submitted that the appellant has retired from his service and does
not have any other means of livelihood and is virtually hand to
mouth. It is submitted that the appellant is in dire need of the said
funds.
12. It is submitted that the learned trial court vide the impugned
judgment has come to a conclusion that the appellant was in
possession of assets amounting to Rs. 24,03,485/-
disproportionate to his known sources of income. It is further
submitted that the learned trial while passing the impugned
judgment from Para 211 onwards has held that out of the bank
balance an amount of Rs. 13,45,485/- and debentures/Suvidha
bonds (Ex P-237-1 to Ex P-237-52) amounting to Rs. 10,58,000/-
are required to be confiscated. It is submitted that post the
passing of the impugned judgment the assets of the appellant
amounting to Rs. 24,03,485/- have already been attached and the
amount therein has also been realized. It is further submitted that
the assets of the appellant equivalent to the disproportionate
assets amount as arrived by the trial court has already been
realized from him/confiscated from him as such the release of the
documents sought for not would not be adverse to the interests of
the prosecution.
13. It is submitted that even the trial court had accorded liberty in
Para 212 of the impugned judgment to hand over the originals of
the documents of the appellant except for the amount of Rs.
13,45,485/-i.e. the amount out of the bank balance and
debentures/Suvidha bonds (Ex P-237-1 to Ex P-237-52)
amounting to Rs. 10,58,000/- which were confiscated, as such the
present application has been filed.
An affidavit in support is filed herewith
PRAYER
It is therefore prayed that this Hon'ble Court may be pleased to
order the following:
i. To release the documents (marked as corresponding exhibit
numbers during the course of trial) mentioned at Table A, Table
B, Table C, Table D, Table E, Table F, Table G, Table H, Table
I, Table J, Table K, Table L, Table M, Table N and Table O of
the instant application, so seized by the CBI and to accord
permission for their utilization thereof.
ii. To allow the operation of the bank lockers detailed in TABLE O
of Para 8 of the instant application and for utilization of the funds
thereof.
iii.To allow the release of Locker Key of the lockers as mentioned
in Table O of Para 8 of the instant application and to accord
permission for operation of the locker pertaining to the above-
mentioned locker key pursuant to the release of the said locker
key.
iv. To allow the release of the bank account as mentioned in Para 10
of the instant application so that the amount which shall be
credited post the release of the STDR's mentioned in Table - A be
utilized by the appellant.
v. Any other relief if the court finds deems fit in the interest of
justice.
Jabalpur (Jasneet Singh Hora)
Date: 17/7/19 Counsel for Applicant/Appellant"
3. It is submitted by counsel for appellant that appellant was tried for
an offence under Section 13(1)(e) read with Section 13(2) of the
Prevention of Corruption Act in Special Sessions Trial No.18/2014 and
Special Judge (C.B.I.)/Fourth Additional Sessions Judge, Jabalpur by
judgment dated 26.09.2017 came to a conclusion that appellant is in
possession of Rs.24,03,485/- which is disproportionate to his known
sources of income. It is submitted that entire amount of Rs.24,03,485/-
has already been confiscated. It is submitted that lockers which were
seized by C.B.I. may be released and documents which are kept in the
lockers may also be permitted to be returned.
4. Per contra, it is submitted by counsel for C.B.I. that the entire
amount which was found to be disproportionate to the known sources of
income has already been confiscated and nothing more is recoverable. It
is further submitted that according to the prosecution case
disproportionate assets of appellant were Rs.41,43,415/-. However, Trial
Court has found that appellant was in possession of Rs.24,03,485/- which
is disproportionate to his known sources of income. No appeal has been
filed against the finding given by Trial Court by which the entire amount
of Rs.41,43,415/- has not been accepted as disproportionate assets of
appellant, therefore, the lockers can be released and the documents kept in
the lockers can also be returned back.
5. Considered the submissions made by counsel for parties.
6. Against the claim of prosecution, that appellant is in possession of
assets worth Rs.41,43,415/- which are disproportionate to his known
sources of income. Trial Court has found that appellant is in possession
assets worth Rs.24,03,485/- which is disproportionate to his known
sources of income and no appeal has been filed by C.B.I.
7. The undisputed fact is that entire disproportionate assets i.e.
Rs.24,03,485/- has already been confiscated. Accordingly, lockers
mentioned in para 8 of I.A. No.13456/2019 are permitted to be released
and documents as well as articles kept in the said lockers are permitted to
be returned.
8. However, lockers shall be opened in the presence of C.B.I. officers
as well as appellant and inventory of the same shall be prepared and self-
attested photocopy of the contents of the lockers shall be prepared by the
appellant and shall be deposited before the Trial Court, who would
forward the same to this Court for keeping in the record of the Trial
Court.
9. C.B.I. Officers and Investigating Officers as well as appellant shall
appear before Union Bank of India, Branch- Shaktinagar, Sonabhadra
(U.P.) on 18.07.2024 and before State Bank of India, Branch- Jayant,
Singrauli (M.P.) on 25.07.2024 for doing the needful.
10. So far as documents as mentioned in different tables of the
application are concerned, C.B.I. has no objection if they are returned
back.
11. Accordingly, on filing self-attested photocopy of the documents,
Registry is directed to return the original documents as mentioned in
different tables of I.A. No.13546/2019 to the appellant.
12. As already held that since the entire assets which were found to be
disproportionate to the known sources of income have already been
confiscated, therefore, petitioner shall be free to use the aforesaid
documents and on furnishing the personal bond to the satisfaction of the
Trial Court, the appellant shall be free to use the amount involved in the
said documents.
13. With aforesaid observations, I.A. No.13546/2019 is finally
disposed of.
(G.S. AHLUWALIA)
JUDGE
vc
VARSHA
CHOURASIYA
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH, ou=HIGH
COURT OF MADHYA PRADESH,
2.5.4.20=f460d4685ef5a4622238f0
CHOUR
b59b78c2407fd3ee2f619d9ce8e42
8c224c23ec8ac,
postalCode=482001, st=Madhya
Pradesh,
ASIYA
serialNumber=A0506346908D8FD
C4A2DA9968A85B01E1D95EF7D16
30553560798626817C4267,
cn=VARSHA CHOURASIYA
Date: 2024.05.31 11:30:10 +05'30'
