Inderjeet Singh vs C.B.I.

Parties through their counsel.

The present appeal is an admitted appeal pending for final hearing.

IA No. 10725/2016 is an application filed by the appellant, who has been convicted u/s 13 (1) (e) read with Section 13 (2) of the Prevention of Corruption Act, 1988.

The contention of the learned counsel for the appellant is that a sum of Rs. 4,61,522/- was seized by the Central Bureau of Investigation from the residential house of the appellant, during search, which took place on 11-11-2002 and 21-03-2003. It has been stated that the amount recovered from the present appellant is lying with the custody of Special Judge, Indore and he has further stated that the final hearing of the appeal will take more time.

Learned counsel for the appellant has stated before this court that on account of Demonetization the currency notes of Rs. 500/- and Rs. 1000/- will not be a valid currency notes after 30-12-2016 and, therefore, the amount be deposited in a Nationalized Bank in the form of Fixed Deposits.

Learned counsel appearing for a Central Bureau of Investigation has also fairly stated before this court that no purpose is going to be solved by keeping the amount in the custody of the court as after 30-12-2016 the currency notes of Rs. 500/- and Rs. 1000/- will of no use on account of Demonetization.

This court after hearing learned counsel for the parties is of the opinion that the IA No.10725/2016 filed by the appellant deserves to be allowed and it is accordingly allowed. The Special Judge, Central Bureau of Investigation, Indore is directed to deposit the amount in question, which is the subject matter of the Special Case No. 04/2004 decided on 31-05-2013 in Nationalized Bank within seven days, from today in the form of fixed deposits, carrying highest rate of interests.

This court is facing similar problem in large number of cases (Old Currency Notes ) relating to Prevention of Corruption Act, 1988 and in other matters. The Division Bench of this court at Principal seat in Writ Petition No. 19931/2016 by order dated 13-12-2016 has passed a similar directions. Resultantly, in respect of other cases also where currency has been recovered in respect of Corruption cases and other criminal cases and which is of a huge quantity and the identity of currency is not disputed should be deposited immediately in a Fixed Deposits with a Nationalized Bank on or before 30-12- 2016/or under the appropriate head of Treasury/Account.

The Registry is directed to circulate the present order informing all learned Judicial officers to take immediate steps to deposit the currency notes with the Nationalized Bank/ Treasury on or before 30-12-2016. The learned Judge/Courts below will deposit the amount with the Nationalized Bank after observing all formalities i.e after noting number, after maintaining the record etc. etc..

With the aforesaid IA No. 10725/2016 stands allowed.

Certified copy as per rules.