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Madhya Pradesh High Court · body

2024 DIGILAW 675 (MP)

Narendra Sharma v. State Of Madhya Pradesh

2024-10-21

SUBODH ABHYANKAR

body2024
JUDGMENT : 1. Heard on I.A.No.12495/2024 which is an application filed by the legal representatives of the complainant Late Praveen Singh Solanki under Section 498 of the Bhartiya Nagrik Suraksha Sanhita, 2023/Section 457 of the CRPC for release of trap amount seeking following relief:- “I This Hon’ble Court may kindly be pleased to order the release of the trapped amount of Rupees 10,00,000/-on supurdginama to the legal representatives of the original complainant. ii. This Hon’ble Court may kindly be pleased to direct to the respondents that the seized old currency was converted to the new currency released the siezed amount to the legal representatives of the original complainant. iii. This Hon’ble Court may kindly be pleased to pass any such and further order as this Hon’ble Court may deem fit and proper order be passed in the interest of justice.” 2. The grievance of the complainant is that he had provided a sum of Rupees Ten Lakhs to the Lokayukt Department for the purpose of trap of the appellant herein, who was caught red handed along with the aforesaid sum of Rupees Ten Lakhs. 3. Counsel for the complainant has submitted that the aforesaid amount is still lying with the Special Judge (Prevention of Corruption)Act, Mandleshwar , and although earlier an application for return of the aforesaid amount was made to the trial Court, however, the same was rejected on 18.1.2024, holding that the amount can be returned only in an appeal before the High Court, and as the appeal was already filed before this Court on 2.2.2023, thus, the present application has been filed and it is submitted that since the currency notes given by the complainant are no more required anymore, and there are no objections raised by the appellant, and respondent no.1 regarding the same, in such circumstances, the application may be allowed and the currency notes given by the complainant to the Lokayukt Department may be directed to be refunded to the legal representatives of the complainant as the complainant has already died. 4. Counsel for the complainant has also relied upon the notification dated 12.5.2017, issued by the Ministry of Finance (Department of Economic Affairs) which provides for such contingencies. 5. Prayer is not opposed by the counsels for the appellant as also respondent no.1/Lokayukukt. 6. Heard. 4. Counsel for the complainant has also relied upon the notification dated 12.5.2017, issued by the Ministry of Finance (Department of Economic Affairs) which provides for such contingencies. 5. Prayer is not opposed by the counsels for the appellant as also respondent no.1/Lokayukukt. 6. Heard. This Court is of the considered opinion that even otherwise if the complainant had provided the aforesaid amount way back in the year 2015 which is a substantial amount even in the present time, it ought to have been returned to the complainant at the appropriate time as the complainant has already lost huge amount towards the interest only. 7. So far as the notification dated 12.5.2017 issued by the Ministry of Finance (Department of Economic Affairs) is concerned the same reads as under:- “(Department of Economic Affairs) NOTIFICATION New Delhi, the 12th May, 2017 G.S.R. 460(E).— In exercise of the powers conferred by sub-section (1) of section 11, read with clause (c) of the proviso to section 5, of the Specified Bank Notes (Cessation of Liabilities) Act, 2017 (2 of 2017), the Central Government hereby makes the following rules, namely:- 1. Short title and commencement.— (1) These rules may be called the Specified Bank Notes (Deposit of Confiscated Notes) Rules, 2017. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Short title and commencement.— (1) These rules may be called the Specified Bank Notes (Deposit of Confiscated Notes) Rules, 2017. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Deposit of confiscated specified bank notes.- Where specified bank notes have been confiscated or seized by a law enforcement agencies or produced before a court on or before the 30th day of December 2016, such specified bank notes may be tendered, at any office of the Reserve Bank specified under sub section (1) of section 4 of the Act or a nationalised bank designated by the Reserve Bank for the said purpose, for deposit in a bank account or exchange of the value thereof with legal tender, subject to the following conditions, namely:- (a) in case confiscated specified bank notes are returned by the court to a person who is a party in case pending before that court, then, the person shall be entitled, on production of the direction of the court, to deposit or exchange such specified bank notes, the serial numbers of which- (i) have been noted by the law enforcement agency which confiscated or produced them before the court; and (ii) are mentioned in the direction of the court; (b) in case specified bank notes are forfeited in favour of the Central Government or the State Government by an order of the court, then, that Government shall be entitled, on production of the direction of the court, to deposit or exchange such specified bank notes; or (c) in case specified bank notes are placed in custody of any other person by an order of the court on or before the 30th day of December, 2016, then, the person shall be entitled, on production of the direction of the court, to deposit or exchange such specified bank notes, the serial numbers of which- (i) have been noted by the law enforcement agency which confiscated or produced them before the court; and (ii) are mentioned in the direction of the court. 3. These rules not to apply in certain cases.- These rules shall not apply to specified bank notes confiscated or seized after the 30th day of December, 2016.” (emphasis supplied) 8. 3. These rules not to apply in certain cases.- These rules shall not apply to specified bank notes confiscated or seized after the 30th day of December, 2016.” (emphasis supplied) 8. It is apparent from the said notification that in case where the currency notes are seized by a law enforcement agencies or produced before a court on or before the 30th day of December 2016, such specified bank notes may be tendered, at any office of the Reserve Bank specified or a nationalised bank designated by the Reserve Bank for the said purpose, for deposit in a bank account or exchange of the value thereof, subject to the certain conditions, as prescribed therein. 9. Thus, the currency notes which are seized by any law enforcement agency, on or before the 30.12.2016, the same shall be allowed to be exchanged by the order of the court. Hence, taking note of the fact that the amount was given by the complainant to the Lokayukt Department on 31.10.2015, this Court is of the considered opinion that the aforesaid amount deserves to be refunded to the complainant and exchanged by the Bank. 10. Accordingly, it is also directed that the currency notes given by the complainant to the Lokayukt Department on 31.10.2015, and presently lying in the Malkhana of the Special Judge (Prevention of Corruption)Act, Mandleshwar be handed to the complainant. The list of currency notes’ numbers and denominations is also filed by the complainant along with the application mentioned as Ex.P-13. 11. After obtaining the aforesaid amount and tendering the same in State Bank of India, High Court Branch, Indore, the amount may be exchanged in accordance with the aforesaid Rules of 2017. 12. Let the aforesaid exercise be done within a period of six weeks. 13. Accordingly, I.A.No.12495/2024 stands allowed and closed. REGARDING THE AMOUNT/CURRENCY NOTES GIVEN BY THE COMPLAINANT FOR THE PURPOSES OF TRAP. 14. Before this court parts with the case, it would also be necessary to reflect upon the plight of a complainant in a corruption case. 12. Let the aforesaid exercise be done within a period of six weeks. 13. Accordingly, I.A.No.12495/2024 stands allowed and closed. REGARDING THE AMOUNT/CURRENCY NOTES GIVEN BY THE COMPLAINANT FOR THE PURPOSES OF TRAP. 14. Before this court parts with the case, it would also be necessary to reflect upon the plight of a complainant in a corruption case. Although, it is not relevant where the amount is small, but in the cases where the amount provided by the complainant is significant, like the case in hand, it is rather disheartening do know that there is no provision in law to safeguard the financial interest of the complainant, and it is almost like discouraging the complainant to lodge a report of corruption against a government official. 15. It is a grim reality in the present case that the complainant’s huge amount is lying in the court since last around a decade, and that too without generating any return or even the nominal interest. Apparently, the complainant, who has since died, has already lost a huge amount towards interest only, and it appears that nobody has ever given a thought about the plight of the complainant. 16. In order to plug this deficiency in the system, which only discourages any person to lodge a report against a corrupt government official who is demanding huge amount in bribe, it is necessary for the legislature to amend the law viz., the Prevention of Corruption Act, 1988, where S.29A of the same also provides for the rule making power of the Central Government for carrying out the provisions of the this Act. This court is of the considered opinion that it is the need of the hour that while lodging a complaint, any aggrieved person must be free from the fear of self-financial harm, which he otherwise also faces, as the ire of other government officials, who handle his case in the department, is always directed towards him, thus, there is no sense in blocking the money given by the complainant to his own prejudice, and hence, some provisions must be made to address this shortcoming. 17. Let a copy of this order be sent to the Law Secretary, Department of Legal Affairs, Government of India, New Delhi (India). 18. List the matter in due course.