Spl Court set-aside the order of attachment of property of KAS
JKUT (Jammu), October-01-2021-( JNF):- Special Judge Anticorruption Jammu Mohan Singh Parihar set-aside the order of attachment of property of Noor Alam KAS officer and directed to release the attached property.
The facts of the case giving rise to the filing of these appeals are that on 23.09.2019 a case vide FIR no. 21of 2019 offence under Section 5(1)(e) read with Section 5(2) of Prevention of Corruption Act Samvat 2006 came to be registered at Police Station ACB Jammu against the appellant Noor Alam for possessing huge movable/immovable property disproportionate to his known sources of income.
Before registering the above FIR, ACB on the basis of report of joint surprise checks carried out by ACB in the offices of Rural Development Department/RDD in Rajouri, Poonch and Reasi District for the period 2015 to 2017 regarding allegations that the officers/officials of RDD have purchased flex hoardings from blue eyed persons for installations in various districts which has resulted in huge loss to State exchequer, a case vide FIR No. 08/2018 was registered for commission of offence under Section 5(1)(d) read with Section 5(2) PC Act, Section 120-B RPC at Police Station ACB Jammu against various public servants including Noor Alam and investigation was initiated. During the course of investigation, the residential houses of the accused were searched after obtaining the search warrants from this Court. The house of appellant Noor Alam was also searched and during the search of residential house situated at Bathindi, Jammu various incriminating documents relating to acquisition/possession of huge movable/immovable property were found. Thereafter ACB conducted verification about the possession of disproportionate assets by the appellant Noor Alam.
- The verification revealed that the appellant Noor Alam has amassed huge movable/immovable property disproportionate to his known source of income, One double storey residential house over about one kanal land at Bathindi, A residential house at Gargal, Akhnoor, Land measuring 3 kanal 19 marlas in Khasra no. 207 min, khata no. 45, khewat no. 5 situated in Village Narwal Bala, Tehsil Bahu, Jammu, Land measuring 10 marlas in khasra no. 237 min, khewat no.
17, khata no. 190 situated at Chack Changarwan, Tehsil Jammu North,Land measuring 01 kanal 15 V marlas in khasra no. 673 min, khata no. 868 min, khewat no. 13 in Village Barn, Tehsil and District Jammu,Land measuring 02 kanal in khasra no. 2673 min, khata no. 1427 min, khewat no. 18 in Village Pargal, Tehsil Akhnoor, Land measuring 10 marlas in khasra no. 225 min, khata no. 164, khewat no. 14 situated at Village Narwal Bala, Jammu, Land measuring 05 marlas in khasra no. 1533 min, khata no.214, khewat no. 01 in Village Raipur Domana, Tehsil Jammu, Vehicles, one Micra car bearing registration No. JK02BL-8228,
One JCB, two Tippers, one Bolero, It also revealed that the public servant/appellant had made investment to the tune of Rs. 37.5 lakhs for purchase of Flat at Palm Spring apartments Srinagar, Flat at Golden Palm Apartments, Jammu and land measuring 16 kanals in Khasra no. 311 situated in Village Seri Panditan, Tehsil and District Jammu. 5. The assets thus found in the possession of the appellant Noor Alam KAS are disproportionate to his known source of income which constitute offence of criminal misconduct punishable under Section
5(2) read with Section 5(1)(e) of PC Act 2006 and accordingly FIR No. 21 of 2019 was registered against the appellant Noor Alam and the investigation was entrusted to Inspector Sadeeq of ACB, who has conducted the investigation of the case from 23.09.2019 to 15.01.2021. During the course of the investigation, Inspector Sadeeq had sent a questionnaire to appellant Noor Alam
asking him to submit the reply within seven days, along with relevant record. On 03.02.2021, Ayaz Sheikh SP received the reply of questionnaire submitted by the appellant. As per the record of the case and case diary, on 15.01.2021, Sh. Ayaz Sheikh SP ACB took over the investigation of the case.
During the course of the investigation, the investigating officer SP Ayaz Sheikh during the course of investigation found that appellant Noor Alam during his service career by indulging in corrupt practices has amongst other properties acquired and possessed A house situated at Gujjar Nagar, Jammu valued Rs. 80,00,000/-, plot of land measuring 10 marlas in Khasra No. 237 min, Khewat No. 17, Khata No. 190 situated in Chack Changarwan, Tehsil Jammu North Valued Rs. 50,000/-, A plot of land measuring 3 kanals 19 marlas in Khasra
No. 207 min, Khata no. 45, Khewat No. 05 situated in Narwal Bala, Tehsil Bahu Jammu valued Rs. 5,06,027/- , plot of land measuring 10 marlas in Khasra No. 225 min, khata no. 164, khewat No. 14 situated in Narwal Bala, Tehsil Jammu Bahu valued Rs. 7,00,930/-.
The investigating officer sought the approval of the Director Anti Corruption Bureau vide Communication No. SP/Central/ACB/2021/355 dated 08.02.2021 for attachment of the said property (one house and three plots of land referred above). The approval was given by Director ACB vide letter No. ACB-FIR- 21/2019/2499 dated 09.02.2021. Thereafter, the investigating officer passed order of attachment dated 10.02.2021, attaching the above property in terms of Section 8-B of Prevention of Corruption Act Svt. 2006. The investigating officer directed the appellant i.e. Noor Alam and his wife Mst. Sultana Bibi not to transfer or otherwise deal with the attached properties without the prior permission of Director ACB or of the Designated Authority. The investigating officer submitted a report to respondent no. 1 vide No. SP/Central/2021/416-17 dated 12.02.2021 as envisaged under Section 8-B sub-section (2) of the PC Act, for confirmation of the order of attachment. The Designated Authority after hearing both the parties and on perusal of the record produced in the matter, came to the conclusion that the attached/seized properties prima facie appear to have been acquired by the appellant Noor Alam by resorting to acts of omission and commissions which attract the provisions of Section 8-B of the PC Act. The order passed by the investigating officer in exercise of power conferred by Section 8-B of the Act is reasonable and does not suffer from any infirmity and needs to be confirmed. Accordingly in exercise of powers conferred under Section 8-B(3) of the Act, the order of seizure/attachment issued by the investigating officer was confirmed by Designated Authority vide order dated 07.05.2021.
Special Judge Anticorruption Jammu Mohan Singh Parihar after hearing both the sides observed that the investigating officer while passing the order of attachment has not given any reasons to believe that the property in question relating to which he was conducting investigation has been acquired by the appellant no. 1 Noor Alam by the commission of offence of criminal misconduct as defined under Section 5(1)(e) of the PC Act and he has also not mentioned any relevant material on the basis of which he came to be conclusion during the course of investigation that the property in question is required to be attached in terms of Section 8-B of the PC Act. The Designated Authority also while deciding the matter has not given any reasons to arrive at the conclusion that the order of attachment is legally sustainable under law and does not suffer from any infirmity. The perusal of the impugned order passed by the Designated Authority shows that the same is not in consonance with law laid down by the Supreme Court and thus the order of attachment requires to be revoked.
Court further came to the conclusion that the order dated 07.05.2021 passed by the Designated Authority confirming the order of attachment of property is not sustainable under law and thus the appeals of the appellants are allowed. The impugned order is set aside and order of attachment dated 10.02.2021 is revoked and the attached property is order to be released. However, the investigating officer is at liberty to pass a fresh reasoned order of attachment strictly in accordance with the provisions of Section 8-B of the Prevention of Corruption Act Svt. 2006. These appeals stand disposed of accordingly. A copy of the judgment be placed on the file of the other appeal. The record of the Designated Authority be returned through APP. JNF