Excelsior Correspondent
JAMMU, Oct 13: Special Judge, Anti-Corruption (Additional Sessions Judge) Doda Amarjeet Singh Langeh has dismissed an application seeking release of property including 36 bank accounts and some immovable property worth huge value seized/attached by Vigilance Organization by invoking Section 8-B of J&K Prevention of Corruption Act, 2006.
The stand of petitioners was that challan in FIR No. 6/2011 was produced by Vigilance Organization Jammu for offences under Sections 5(1) (e) read with 5(2) J&K Prevention of Corruption Act 2006 and Section 109 RPC against two accused. One of the accused was discharged while as other accused expired during trial and case therefore was finally disposed of as “abated”. It is in this background that petitioners sought release of attached property.
While dismissing the application, the Special Judge observed, “the clear understanding of mandate of Sections 8-B and 8-C of J&K Prevention of Corruption Act 2006, in my considered opinion-is of critical importance for evaluation of case in hand”, adding, “this court is a Special Court and therefore has only the appellate jurisdiction against order of designated authority in terms of Section 8-C of the Act in question”.
“What therefore plainly comes to fore is that any property which is attached by investigating agency by invoking Section 8-B of Prevention of Corruption Act cannot be released on an application which is made before the appellant authority (Special Judge Anti Corruption) directly without first approaching the designated authority”, the Special Judge said, adding “nor does the notion that disposal of main case arising out of FIR No. 6/2011 shall perse result in release of property attached under Section 8-B of Act therefore shall hold ground on facts”, Court held further.
With these observations, court dismissed the application.
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