Dismissed

Ram Parikshan Gupta and Ors. v. The State Of Bihar and Ors.

Patna HC17 May 2016CR. APP (SJ)/183/2016

Case brief

AI extract

What is this about?

This is a criminal appeal against an order rejecting requests to quash confiscation proceedings due to alleged absence of a necessary Government declaration under the Bihar Special Courts Act, 2009. The court held the contention baseless as a declaration was already notified.

What did the court decide?

The appeal filed against the order rejecting applications to quash confiscation proceedings and for supply of copy of Gazette Notification is dismissed.

Ram Parikshan Gupta and Ors. Vs The State Of Bihar and Ors. — Corruption | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Appeal (SJ) No.183 of 2016

¶3

Arising Out of PS.Case No. -108 Year- 2007 Thana -C.B.I CASE District- MUZAFFARPUR

¶4

===========================================================

¶5

Ram Parikshan Gupta Son of late Saudagar Sahu Resident of Village- Dhanrhi,

¶6

PS Andhara Dhanrhi, District Madhubani.

¶7

Pushpa Kumari @ Pushpa Gupta Wife of Ram Parikshan Gupta Resident of Village- Dhanrhi, P.S.- Andhara Dhanrhi, District Madhubani.

¶8

Rishi Raj son of Ram Parikshan Gupta, resident of Village- Dhanrhi, PS Andhara Dhanrhi, District Madhubani.

¶9

Rajiv Ranjan Son of Sri Aghanhu Sahu Resident of Village: Dhanrhi, PS Andhara, Dhanrhi District Madhubani.

¶10

.... .... Appellants

¶11

Versus

¶12

The State of Bihar

¶13

The Director General of Police, Department of Home, Government of Bihar, Patna.

¶14

The Principal Secretary, Vigilance Department, Bihar, Patna.

¶15

Sri Arvind Kumar son of Sri Vidya Prasad Singh, Police Inspector, Vigilance, Investigation Bureau , Vigilance Department , Bihar Patna.

¶16

.... .... Respondents

¶17

=========================================================== Appearance :

¶18

For the Appellant/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Binod Bihari Singh, APP

¶19

=========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT

¶20

Date: 17-05-2016

¶21

The present memo of appeal under Section 17 of the

¶22

Bihar Special Courts Act, 2009 has been filed against the order dated 27^th July 2015 passed in Confiscation Case No. 07 of 2012 by the Authorized Officer -cum- Special Judge, Vigilance-1, Muzaffarpur whereby and whereunder petition dated 17.03.2015

¶23

Patna High Court CR. APP (SJ) No.183 of 2016 dt.17-05-2016

¶24

2/3

¶25

and petition dated 16.06.2015 have been rejected.

¶26

The application dated 17.03.2015 was filed by the appellant no. 1 before the Authorised Officer-cum-Special Judge with a prayer to quash the entire proceeding of the confiscation case on the ground that no declaration was made under Section 5 of the aforesaid Act, 2009 and Rule 7 of the Bihar Special Court Rules, 2010. Similarly, the application dated 16.06.2015 was filed by the appellants no. 2 to 4 for supply of the copy of Gazette Notification made under Section 5 of the aforesaid Act and Rule 7 of the aforesaid Rules.

¶27

By order dated 27^th July, 2015, the learned Authorized Officer rejected both the aforesaid applications preferred by the appellants.

¶28

The contention of the learned counsel for the appellants is that before filing the confiscation application, the declaration as required under Section 5 of the aforesaid Act 2009 and Rule 7(2) of the aforesaid Rules, 2010 was never notified by the Government in the official Gazette. The further contention is that in absence of the Gazette Notification, the entire proceeding initiated before the Authorised Officer against the appellants is vitiated.

¶29

I have heard learned counsel for the appellants

¶30

Patna High Court CR. APP (SJ) No.183 of 2016 dt.17-05-2016

¶31

3/3

¶32

and perused the counter-affidavit filed on behalf of the State.

¶33

It would be evident from Annexure-A to the

¶34

counter affidavit that before filing the confiscation application, a declaration was already issued by the Government and it was also notified in the supplementary Gazettee under Section 5 of the Act, 2009 and Rule 7(2) of the Rules, 2010.

¶35

Apparently, the entire pleading of the appellants

¶36

is baseless and erroneous.

¶37

In that view of the matter, I do not find any merit in this appeal. Accordingly, the appeal is dismissed.

¶38

(Ashwani Kumar Singh, J.)

¶39

Kanchan/-

¶40

U T

Ram Parikshan Gupta and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ram Parikshan Gupta and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ram Raksha Singh Vs The State Of Bihar and Ors.

Vidya Nand Kumar Vs State Of Bihar and Anr.

Mahendra Prasad Vs State Of Bihar and Anr.

Rishikesh Kumar Choudhary @ Munna Vs State Of Bihar and Anr.

Arvind Singh @ Arvind Kumar Singh Vs The State Of Bihar

Sumer Anand Vs The Union Of India and Ors.