13-10-2023 : Special Judge Amarjeet Singh Langeh, presiding over Anti-Corruption proceedings, has ruled against an application for the release of attached property. The property in question includes 36 bank accounts and substantial immovable assets, all seized or attached by the Vigilance Organization under Section 8-B of the Jammu and Kashmir Prevention of Corruption Act, 2006.
The applicants had argued that the case, identified as FIR No. 6/2011, was brought forth by the Vigilance Organization in Jammu, alleging violations of Sections 5(1) (e) read with 5(2) of the J&K Prevention of Corruption Act 2006 and Section 109 of the RPC against two individuals. One of the accused had been discharged, while the other accused had passed away during the trial, resulting in the case being officially concluded as “abated.” It was in this context that the petitioners sought the release of the attached property.
However, the Special Judge, in dismissing the application, made it clear that a thorough comprehension of the provisions in Sections 8-B and 8-C of the J&K Prevention of Corruption Act 2006 was pivotal in evaluating the case at hand. The Special Judge emphasized that this court held an appellate jurisdiction exclusively against the decisions of the designated authority as stipulated by Section 8-C of the Act.
The ruling stated unequivocally that property seized by an investigating agency under Section 8-B of the Prevention of Corruption Act could not be released via an application made directly to the appellate authority (Special Judge Anti Corruption) without first approaching the designated authority. Additionally, the court underscored that the disposal of the principal case stemming from FIR No. 6/2011 did not, by itself, warrant the automatic release of property attached under Section 8-B of the Act.
With these key findings, the court ultimately dismissed the application, underscoring the importance of a precise understanding of the applicable legal provisions in matters involving property attachment in corruption cases.