Sir, ACB raid regarding disproportionate was happened on my father on 7 jun 2017.on the same day simultaneously raid was taken place on my father in law house. ACB officials have taken their land document from their house by telling to them that they will take just for verification purpose and return it back within two days. The document worth of Rs. 20.00 lakhs. my father in law is doing liquor business and he his filing income tax returns from last 20 years. mode of payment was also mentioned in the document and the amount was transffered from their bank account. there was no amount transcation between my father in law and my father. ACB officials has not incorporated these documents in your inventory list. After few days my father-in-law went to ACB office to collect his documents. They informed that we are not having any objection and we will return and advised him to file petition in court. Petition was filed in the month of NOV 2017. For filing counter ACB official have taken almost 5 Months and ACB Judge gave a notice to IO to file counter in the court personally and finally filed counter in the month of April 2018 that they mentioned in the counter that investigation is under process. Almost 11 months completed.They are suffering a lot because of these documents taken ACB officials. Arugements posted to 11 May 2018. Please inform whether my father-in-law will get favorable decision in the court.
You would get favourable verdict
There are no monetary transactions between father and father in law
The original documents of title cannot be retained by ACB indefinitely
ACB has no evidence of your father in law collusion with your father in holding disproportionate assets
Hi,
Whereas it is difficult to give a prediction about the judgment/decision of the court, but it is suggested that you present your best arguments to the court. Put all of favourable points and try to draw the attention towards your plight.
You should immediately file a petition before the high court under section 482 of the code of criminal procedure for direction to handover the documents within the stipulated time. The High Court has power under section 482 to pass any order in the interest of Justice, the high court can also direct the ACB officers and investigating officer to personally appear in the court and show the status of the case and action taken by them in the due performance of the order of special Court ACB.
See order/ judgement cannot be predicted based on few facts there has to be material on record, secondly we cannpt enter into mind or position of judge to give verdict.
But based on facts and circumstances mentioned by you it is more likely in your case that you will get relief from the court as the investigation agency had already taken sufficient time so your right cannot be prejudiced on name of investigation so yes most likely a positive judgement.
further if nothing is revealed and the investigation agency has not put anything on record then it will help you in your case and court shall allow the application as it is severe abuse of process of law by government department,
Hi
In general, if documents pertaining to properties of relatives are seized during ACB raids, and the relatives are not mentioned either in the FIR or in the charge sheet, courts will ask ACB to handover the documents to the respective owners.
In general if the petitions are filed under sections 451 and 457 of Cr.P.C., and Sections 4 and 8 of the P.C Act, Courts will order release of documents if
a) Properties of your father in law are obtained by your father in law's own source of income and the same is demonstrated by providing income tax returns and other sources of money
and
b) your father in law is not a party to the said case
And/OR
c) If the IO also is in favour of granting no objection to release of documents.
Since a counter has been filed by IO, in all likelihood, there might be some resistance from IO to grant No objection for release of title deeds.
So your lawyer should make a prima facie case on
a) The property acquired through own sources of income by your father in law.
b) No offence registered against your father in law.
c) No co-relation(direct/in direct) between the alleged offence and your father in law, except that your father in law is a distant relative
So if your lawyer can argue on the above points, in all likelihood, on 11 may , your father will get the relief as prayed for by him.
Hope this information is useful.
If you are aggrieved by the way the process of returning the documents are getting delayed, you may file a petition before high court under section 482 cr.p.c. seeking expeditious trial on the petition filed by your father in law for return of documents.
Since this is an ACB case, the court may not put pressure on the ACB police if they have given this as the reason, however if your pleadings are strong enough and are supported by documentary evidences to support your pleadings, you may expect a favorable decision.
Frankly speaking he has to wait for the judgement as the documents are considered as evidence.
The court can order early competition of enquiry but can not interfere in the investigation process and where the counter by prpcecution is filed that the investigation is in process the court is bound to give time for the investigation.
Dear Sir,
Definitely your father in law get favorable order, if unfortunately not his favor then make all arrangement to approach the High Court, you will succeed, nothing to bother. In India the punishment is only this torture during the course of investigation and during the trial though ultimate result is acquittal.
Dear Client,
What is the content of FIR, ?
Must have file application under 451 of CrPC.
Refer judgement below -
Sunderbhai Ambalal Desai - Petitioner
Versus
State of Gujarat - Respondent
AND Special Leave Petition (Crl.) No. 2755 of 2002
