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| High Court modifies Anti-Corruption Court order | | Allows conditional release of bank accounts, gold, LIC policies | |  Early Times Report
Jammu, Oct 5: The High Court of Jammu & Kashmir and Ladakh has modified an order of the Special Judge (Anti-Corruption), Jammu, concerning the release of certain seized assets in a disproportionate assets case, while imposing safeguards to ensure that the case property remains available during the trial. Justice Moksha Khajuria Kazmi, while deciding Criminal Revision No. 06/2023, UT of J&K vs Parveen Pandoh & Others, also condoned a delay of 191 days in filing the revision petition against the trial court’s order dated May 23, 2022.
The case arises from FIR No. 14/2010 registered by the then Vigilance Organisation Jammu, now Anti-Corruption Bureau Jammu, against Parveen Pandoh, then Executive Engineer, SIDCO, Bari Brahmana. The FIR alleged possession of assets disproportionate to his known sources of income. According to the investigation referred to in the High Court order, the alleged disproportionate assets were assessed at approximately Rs 28.47 crore, following which prosecution sanction was obtained and a challan was presented before the competent court.
The Special Judge (Anti-Corruption), Jammu had earlier ordered release of specified bank accounts, 73 grams and 60.14 grams of gold items, besides two LIC policies standing in the name of respondent No. 1. The UT challenged the order, contending t Disproportionate Assets Case
The High Court noted that although the respondents had stated before the trial court that they would produce the articles whenever required, the May 23, 2022 order did not expressly record such an undertaking. The Court accordingly modified the order and permitted release of the specified assets subject to conditions.
The respondents have been directed to furnish an undertaking on affidavit that the articles would be produced whenever required by the court and that the nature of the released articles would not be altered.
While permitting operation of the concerned bank accounts, the High Court directed that proper details of withdrawals be maintained. In the event of the proceedings being decided against the respondents, they would be liable to restore or pay the amount to the extent that was lying in the accounts on the date of freezing, as directed by the court.
The respondents have further been barred from closing the bank accounts or surrendering, assigning or allowing the LIC policies to lapse. The policies are to remain in force until further orders. The trial court has been directed to monitor compliance with these conditions.
The criminal revision petition was accordingly disposed of. (JNF) |
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