Hamza V vs State Of Kerala on 20 August, 2025

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Kerala High Court

Hamza V vs State Of Kerala on 20 August, 2025

                                               2025:KER:62896
CRL.MC.NOS.5590,6757 & 6764 OF 2025
                                1
         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

         THE HONOURABLE MR.JUSTICE A. BADHARUDEEN

WEDNESDAY, THE 20TH DAY OF AUGUST 2025/29TH SRAVANA, 1947

                   CRL.MC NO. 5590 OF 2025

       AGAINST THE ORDER/JUDGMENT DATED 07.05.2025 IN VC

NO.6 OF SCK OF 2021 OF ENQUIRY COMMISSIONER AND SPECIAL

                JUDGE (VIGILANCE), KOZHIKODE

PETITIONER/ACCUSED/RESPONDENT:

          BASHEER M
          AGED 58 YEARS
          S/O (LATE) MOIDEEN KUNJU PARAVATHANI HOUSE
          KARASSERY P O, KOZHIKODE (FORMERLY SPECIAL
          VILLAGE OFFICER RAROTH VILLAGE KOZHIKDOE
          DISTRICT), PIN - 673602

          BY ADVS.
          SRI.S.RAJEEV
          SRI.V.VINAY
          SRI.M.S.ANEER
          SHRI.SARATH K.P.
          SHRI.ANILKUMAR C.R.
          SHRI.K.S.KIRAN KRISHNAN
          SMT.DIPA V.
          SHRI.AKASH CHERIAN THOMAS

RESPONDENT/DEFACTO COMPLAINANT/PETITIONER:
         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031

         SRI.RAJESH A.,SPECIAL PUBLIC PROSECUTOR, VACB
         SMT.REKHA S.,SR.PUBLIC PROSECUTOR, VACB
     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 07.08.2025, ALONG WITH Crl.MC.6757/2025 AND CONNECTED
CASES, THE COURT ON 20.08.2025 PASSED THE FOLLOWING:
                                              2025:KER:62896
CRL.MC.NOS.5590,6757 & 6764 OF 2025
                                2
         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

WEDNESDAY, THE 20TH DAY OF AUGUST 2025/29TH SRAVANA, 1947

                   CRL.MC NO. 6757 OF 2025

   CRIME NO.V.C.01/2019 OF VACB, ERNAKULAM, Ernakulam

PETITIONERS/ACCUSED NOS.1 & 2:
    1    HAMZA V
         AGED 58 YEARS
         S/O KUNJIPPU THUMBILIMEDU HOUSE - 36/87 (2A)
         OTHUNGODU THIRUNELLAI POST PALAKKAD
         MUNICIPALITY, PIN - 678004
    2    SAJITHA V P,
         AGED 52 YEARS
         W/O. HAMZA THUMBILIMEDU HOUSE - 36/87 (2A)
         OTHUNGODU THIRUNELLAI POST PALAKKAD
         MUNICIPALITY, PIN - 678004
         BY ADVS.
         SRI.S.RAJEEV
         SRI.V.VINAY
         SRI.M.S.ANEER
         SHRI.SARATH K.P.
         SHRI.ANILKUMAR C.R.
         SHRI.K.S.KIRAN KRISHNAN
         SMT.DIPA V.
         SHRI.AKASH CHERIAN THOMAS
RESPONDENTS/RESPONDENT/COMPLAINANT:
    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031

    2     INSPECTOR OF POLICE
          VIGILANCE & ANTI-CORRUPTION BUREAU SPECIAL CELL
          KOZHIKODE, PIN - 673016

         SRI.RAJESH.A SPL.PUBLIC PROSECUTOR VACB,
         SMT.REKHA.S SR. PUBLIC PROSECUTOR VACB
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 07.08.2025, ALONG WITH Crl.MC.5590/2025,
6764/2025, THE COURT ON 20.08.2025 PASSED THE FOLLOWING:
                                                   2025:KER:62896
CRL.MC.NOS.5590,6757 & 6764 OF 2025
                                3

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

         THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

WEDNESDAY, THE 20TH DAY OF AUGUST 2025/29TH SRAVANA, 1947

                    CRL.MC NO. 6764 OF 2025

        AGAINST   THE   ORDER/JUDGMENT   DATED   IN   VC   NO.1   OF

2019 OF ENQUIRY COMMISSIONER& SPECIAL JUDGE,THRISSUR

PETITIONERS:
    1    HAMZA V
         AGED 58 YEARS
         S/O KUNJIPPU THUMBILIMEDU HOUSE - 36/87 (2A)
         OTHUNGODU THIRUNELLAI POST
         PALAKKAD MUNICIPALITY, PIN - 678004

    2      SAJITHA V P
           AGED 52 YEARS
           W/O. HAMZA THUMBILIMEDU HOUSE - 36/87 (2A)
           OTHUNGODU THIRUNELLAI POST
           PALAKKAD MUNICIPALITY, PIN - 678004

           BY ADVS.
           SRI.S.RAJEEV
           SRI.V.VINAY
           SHRI.K.S.KIRAN KRISHNAN
           SMT.DIPA V.
           SHRI.AKASH CHERIAN THOMAS
RESPONDENTS/RESPONDENT/STATE:
    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031

    2      STATE OF KERALA
           VIGILANCE & ANTI-CORRUPTION BUREAU SPECIAL
           CELL, PIN - 682031

         SRI.RAJESH.A SPL.PUBLIC PROSECUTOR VACB,
         SMT.REKHA.S SR. PUBLIC PROSECUTOR VACB
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 07.08.2025, ALONG WITH Crl.MC.6757/2025 AND
CONNECTED CASES, THE COURT ON 20.08.2025 PASSED THE
FOLLOWING:
                                                 2025:KER:62896
CRL.MC.NOS.5590,6757 & 6764 OF 2025
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                                                               CR

                       COMMON ORDER

Dated this the 20th day of August, 2025

Crl.M.C.Nos.6757/2025 and 6764/2025 have been

filed under Section 528 of the Bharatiya Nagarik Suraksha

Sanhita, 2023, (hereinafter referred to as ‘BNSS’ for short) by

accused Nos.1 and 2 in Crime No.VC-1/2019 of VACB,

Ernakulam, challenging common order in

Crl.M.P.No.1682/2024 & Crl.M.P.No.1403/2024 dated

23.05.2025 in the above case.

2. Crl.M.C.No.5590/2025 is at the instance of

the accused in V.C.No.6/2021/SCK of VACB, Kozhikode. In

this Crl.M.C., order passed in Crl.M.P.No.346/2023 in the

above crime, ordering interim attachment is put under

challenge.

3. Heard the learned counsel for the

petitioners as well as the learned Public Prosecutor,

representing the VACB. Perused the relevant documents.

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4. I shall address the issue involved in

Crl.M.C. Nos.6757/2025 and 6764/2025 at first.

5. In this case, the prosecution alleges that the

petitioners amassed disproportionate assets to their known

sources of income, to the tune of Rs.28,78,399/-, (Rupees

twenty eight lakh seventy eight thousand three hundred and

ninety nine only), which would come to 64% of the excess of

the total income, for which they could not account for. On this

premise, the prosecution alleges that the accused committed

offences punishable under Section 13(1) (e) r/w Section

13(2) of the Prevention of Corruption Act, 1988 (hereinafter

referred to as the ‘PC Act‘ for short) and Section 13(1)(b) r/w

13(2) of the Prevention of Corruption (Amendment) Act,

2018 (hereinafter referred to as the ‘PC Act, 2018‘ for short).

The genesis of the case to be borne out from the application

filed by the prosecution before the Special Judge, seeking

attachment of properties as stated in paragraph No.9 of the

petition is as under:

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“9. The immovable properties
acquired during the check period has already sold by
the accused as per Document number 5310/2014,
5311/2014 of SRO Cherupulassery and as per
Document No.2127/2012 of SRO
Kadambazhipuram. Three properties 1) Thrikandiri-I
Village Sry 102/4 as per SRO Cherpulassery
Document No.2495/2011 (23.25 cent) in the name of
Smt.Sajitha V.P., 2) Thrikadiri-I Village Sry No.-59/1
as per SRO Cherpulassery Document
No.2003/01/13 in the name of Hamsa V. (25.77
cent), 3) Kadampazhipuram -I village Sry No.143/7
of SRO Kadambazhipuram Document
No.2126/1/2012 in the name of Sajitha V.P. (194.73
cent) acquired during the check period are also likely
to be sold. Hence, the I.O. Submitted an Affidavit
and application before the Hon’ble EC & SJ Court,
Thrissur that necessary steps to confiscate the
above mentioned three properties and Rs.9,65,330/-

(Rupees Nine lakh Sixty five Thousand Three
hundred and Thirty only). This petition is pending
before this Hon’ble Court as CMP No.-1403/2024.”

6. The trial court issued notice, for which the

petitioners, who are the respondents therein filed objection
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and finally, on appraisal of the matter in issue, the learned

Special Judge ordered to attach the above immovable

properties by invoking power under Section 18A of the PC

Act, 2018.

7. Multiple contentions are raised at the

instance of the petitioners as well as the learned Public

Prosecutor. Coming to the crux of the dispute, the same

centers on Section 18A of the PC Act, 2018, introduced with

effect from 26.07.2018, whereby it has been provided as

under:

                  "18A.     Provisions    of    Criminal     Law
         Amendment        Ordinance,     1944   to   apply    to

attachment under this Act. (1) Save as otherwise
provided under the Prevention of Money Laundering
Act, 2002
, (15 of 2003), the provisions of the Criminal
Law Amendment Ordinance, 1944 (Ord.38 of 1944)
shall, as far as may be, apply to the attachment,
administration of attached property and execution of
order of attachment or confiscation of money or
property procured by means of an offence under this
Act.

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(2) For the purposes of this Act, the
provisions of the Criminal Law Amendment
Ordinance, 1944 (Ord.38 of 1944) shall have effect,
subject to the modification that the references to
“District Judge” shall be construed as references to
“Special Judge”

8. As pointed out by the learned Special Public

Prosecutor, this Court addressed the application of Section

18A of the PC Act, 2018, in the decision reported in Mac

Charles (India) Ltd. (M/s.) v. State of Kerala reported in

2021 (5) KHC 421 and held in paragraph No.34 that, now,

after the introduction of Section 18A(2) in the Act, it appears

that the dichotomy of jurisdiction of the District Judge and

the Special Judge, which was explained by the Division

Bench in Dr.V.K.Rajan v. State of Kerala (2007 (4) KHC

828), has disappeared. The Division Bench had noticed that,

in Section 29 of the Act, it was not mentioned that the words

‘District Court’ wherever appear in the Ordinance shall be

substituted by ‘Special Court’. The change now occurred by
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the introduction of Section 18A(2) in the Act is exactly what

the Division Bench had referred to above. Section 18A(2) of

the Act states that, for the purposes of the Act, the provisions

of the Ordinance shall have effect, subject to the modification

that the reference to “District Judge” shall be construed as

reference to “Special Judge”. Therefore, the expression

‘while trying the offence’ in Section 5(6) of the Act stands

expanded by the words “for the purposes of this Act”

contained in Section 18A of the Act. It means that, with effect

from 26.07.2018, even at the pre-trial stage, the Special

Court has jurisdiction to entertain an application under

Section 3(1) of the Ordinance.

9. It is argued by the learned counsel for the

petitioners that as early in the year 1962, in the decision in

State of West Bengal v. S.K.Ghosh, reported in 1962 SCC

OnLine SC 53 : SIR 1963 SC 255, the Apex Court

considered the provisions of the Criminal Law Amendment

Ordinance, 1944 (hereinafter referred to as ‘the
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Ordinance’ for short) and in paragraph No.14, the Apex Court

observed that the Ordinance came into force on 23-8-1944,

would take the case out of the ambit of Article 20(1), for we

have come to the conclusion that the forfeiture provided

under Section 13(3) is not a penalty at all within the meaning

of Article 20(1) and the second argument urged on behalf of

the appellant must prevail. Now the 1944 Ordinance is an

independent Ordinance and is not an amendment to the

1943 Ordinance. It is true that the Ordinance is termed “the

Criminal Law Amendment Ordinance”; but its provisions will

show that it deals mainly with recovery of money or property

belonging to Government procured by the offender by means

of the offence. An analysis of the provisions of the 1944

Ordinance will show this clearly. Section 3 provides for

application for attachment of property; Section 4 provides for

an ad interim attachment; Section 5 provides for investigation

of objections to attachment; Section 6 provides for

attachment of property of mala fide transferees; Section 7
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provides for execution of orders of attachment and Section 8

for security in lieu of attachment; Section 9 for administration

of attached property and Section 10 for the duration of

attachment. Section 11 provides for appeals. Then come

Sections 12 and 13. Lastly there are Section 14 which bars

certain proceedings and Section 15 which protects certain

actions taken in pursuance of the Ordinance. It will therefore

be clear that the Ordinance provides for no punishment or

penalty; all that it provides is attachment of the money or

property procured by the offence or any other property of the

offender if the above property is not available and the

purpose of the attachment is to prevent the disposal or

concealment of such property. Section 13(3) with which we

are particularly concerned lays down that the District Judge

shall order that from the property of the convicted person

attached under this Ordinance or out of the security given in

lieu of such attachment, there shall be forfeited to His

Majesty such amount or value as is found in the final
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judgment or order of the criminal courts in pursuance of

Section 12 to have been procured by the convicted person

by means of the offence, together with the costs of

attachment as determined by the District Judge. It is further

provided that where the final judgment or order of the

criminal court has imposed or upheld a sentence of fine on

the said person, the District Judge may order without

prejudice to any other mode of recovery, that the said fine

shall be recovered from the residue of the said attached

property or of the security given in lieu of attachment. The

forfeiture by the District Judge under Section 13(3) cannot in

our opinion be equated to forfeiture of property which is

provided in Section 53 of the Indian Penal Code. The

forfeiture provided in Section 53 is undoubtedly a penalty or

punishment within the meaning of Article 20(1); but that order

of forfeiture has to be passed by the court trying the offence,

where there is a provision for forfeiture in the section

concerned in the Indian Penal Code. There is nothing
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however in the 1944 Ordinance to show that it provides for

any kind of punishment for any offence. Further it is clear

that the Court of District Judge which is a Principal Court of

Civil Jurisdiction can have no jurisdiction to try an offence

under the Indian Penal Code. The order of forfeiture

therefore by the District Judge under Section 13(3) cannot be

equated to the infliction of a penalty within the meaning of

Article 20 (1). Article 20(1) deals with conviction of persons

for offences and for subjection of them to penalties. It

provides firstly that “no person shall be convicted of any

offence except for violation of a law in force at the time of the

commission of the act charged as an offence”. Secondly, it

provides that no person shall be “subjected to a penalty

greater than that which might have been inflicted under the

law in force at the time of the commission of the offence”.

Clearly, therefore Article 20 is dealing with punishment for

offences and provides two safeguards, namely, (i) that no

one shall be punished for an act which was not an offence
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under the law in force when it was committed, and (ii) that no

one shall be subjected to a greater penalty for an offence

than what was provided under the law in force when the

offence was committed. The provision for forfeiture under

Section 13(3) has nothing to do with the infliction of any

penalty on any person for an offence, If the forfeiture

provided in Section 13(3) were really a penalty on a

convicted person for commission of an offence we should

have found it provided in the 1943 Ordinance and that

penalty of forfeiture would have been inflicted by the criminal

court trying the offender.

10. As per the decision, placed by the learned

counsel for the petitioners, in Union of India and Another v.

Ganpati Dealcom Private Limited, reported in (2023) 3

SCC 315, the Apex Court considered Section 3 of the

Prohibition of Benami Property Transactions Act, 1988 and

observed in paragraph No.127 of the said case as under:

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“127.1 Section 3(2) (sic Section 3) of the
unamended 1988 Act is declared as unconstitutional
for being manifestly arbitrary. Accordingly, Section
3(2)
of the 2016 Act is also unconstitutional as it is
violative of Article 20(1) of the Constitution.
127.2 In rem forfeiture provision under Section 5
of the unamended 1988 Act, prior to the 2016
Amendment Act, was unconstitutional for being
manifestly arbitrary.

127.3 The 2016 Amendment Act was not merely
procedural, rather, prescribed substantive
provisions.

127.4 In rem forfeiture provision under Section 5
of the 2016 Act, being punitive in nature, can only be
applied prospectively and not retroactively.
127.5 The authorities concerned cannot initiate
or continue criminal prosecution or confiscation
proceedings for transactions entered into prior to the
coming into force of the 2016 Act, viz.25-10.-2016.

As a sequence of the above declaration, all such
prosecutions or confiscation proceedings shall stand
quashed.”

In fact, this judgment was recalled by the Apex Court in a

subsequently filed review petition, as per order dated 18.10.2024,

in the decision in Union of India and Another v. Ganpati

Dealcom Private Limited, reported in (2024) 167 taxmann.com

525 (SC). Thus the learned counsel for the petitioners placed a

decision which is not in existence in the eye of law.

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11. According to the learned counsel for the

petitioners, while passing the common order in Crl.M.P.Nos.

1682 /2024 and 1403/2024, the learned Special Judge failed

to take note of the provisions of the Ordinance. According to

him, under Section 13(3) of the Ordinance, the amount to be

forfeited or recovered shall be limited to the fine imposed as

per the judgment or order of a criminal court, together with

the cost of the attachment, and nothing beyond that.

12. Even though it is submitted by the learned

counsel for the petitioners that Section 18A of the PC Act,

2018, has been introduced with effect from 26.07.2018, the

crime in Crl.M.C.No.5590/2025 was pertaining to the check

period upto 31.12.2017, i.e., before the amendment, and

therefore, the same could not be applied retrospectively. The

learned Public Prosecutor justified the orders in tune with the

mandate of the Ordinance and placed a decision of the Apex

Court in Naveda Properties Pvt.Ltd. Through its Directors

v. State of Maharashtra and Another reported in 2019 (4)
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KHC 782, with reference to Section 13 to contend that since

the ordinance was adopted by the Presidential Adaptation of

Laws Order, 1950, issued under the powers conferred by

clause (2) of Article 372 of the Constitution, making the

Ordinance effective in the territory of India, and, therefore,

continues to remain in force.

13. Having addressed the rival arguments, even

though it is argued by the learned counsel for the petitioners

that the Special Judge wrongly interpreted Section 18A and

provisions of the Ordinance, admittedly, in Crl.M.C.

Nos.6757/2025 and 6764/2025, the check period includes

the period after the amendment came into force with effect

from 26.07.2018, whereas the check period in

Crl.M.C.No.5590/2025 is prior to the amendment, i.e., upto

31.12.2017.

14. According to the learned counsel for the

petitioners, the procedure followed by the Special Judge, in

attaching the entire properties without specifying the
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attachment for the amount involved, also without taking into

consideration of the said contention, would require

interference.

15. On perusal of the Ordinance, it could be

gathered that by the introduction of Section 18A, the State

Government has reason to believe that any person has

committed any scheduled offence may, whether or not, any

court has taken cognizance of the offence, authorised the

making of an application of the District Judge, (here, the

special Judge) within the local limits of whose jurisdiction the

said person ordinarily resides or carries on business, for the

attachment, under this Ordinance of the money or other

property which the said person to have procured by means of

the offence, or if such money or property cannot for any

reason be attached or other property of the said person of

value as nearely as may be equivalent to that of the

aforesaid or other property.

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16. Section 3(3) provides that an application

under Section 3(1) shall be accompanied by one or more

affidavits, stating the grounds on which the belief that the

said person has committed any offences is found, and the

amount of money or value of other property believed to have

been procured by means of an offence. The application also

shall furnish the details provided under clause (a) and (b) of

Section 3(3) of the Ordinance. Section 4 provides for

issuance of ad-interim attachment on receipt of an

application under Section 3 and Section 4(2) mandates

issuance of notice to the person against whom the

attachment is made with the order and records thereof.

Section 5 of the Ordinance provides that on notice, if no

cause is shown and no objections are made under Section 4

on or before the specific date, the District Judge, (here, the

Special Judge) shall forthwith pass an order making the ad

interim order of attachment absolute.

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17. Section 5(2) of the Ordinance provides that if

cause is shown on any objections are made as aforesaid the

District Judge (here, the Special Judge) shall proceed to

investigate the same, and in so doing, as regards the

examination of the parties and in all other respects he shall,

subject to the powers of a court in hearing a suit under the

Code of Civil Procedure, 1908 and any person making an

object under Section 4 shall be required to adduce evidence to

show that at the date of attachment he had some interest in the

property attached.

18. Section 5(3) of the Ordinance provides further

that after investigation under sub-section (2), the District Judge

(here, the Special Judge) shall pass an order either making the

ad interim order of attachment absolute or varying it by

releasing a portion of the property from attachment or

withdrawing the order.

19. The order of attachment made under this

provisions shall be carried into effect as may be practicable in

the manner provided in the Code of Civil Procedure as
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mandated under Section 7 of the Ordinance.

20. Section 8 of the Ordinance provides a

remedy to the person whose property has been or is about to

be attached under this Ordinance may, at any time apply to the

Judge to permit him to give security in lieu of such attachment

and where the security offered and given is in the opinion of the

Judge satisfactory and sufficient, he may withdraw or, as the

case may be, refrain from passing, the order of attachment.

21. On perusal of the Rules, in comparison with

the orders impugned, it is discernible that the learned

Special Judge has passed the common order in a case

where the amount involved is 28,78,399/-. (i.e., in VC

No.1/2019). But the attachment order seems to have been

passed over the entire property without considering the

valuation of the property. In fact, what is the valuation of the

property is not discernible from the records. Even though it

cannot be held at this stage that the Special Judge ordered

attachment of the property in excess of the statutory mandate
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since it has been provided under Section 8 of the Ordinance

that a remedy is available to a person whose property has

been, or is about to be, attached under the Ordinance, to

permit the Judge to accept security in lieu of such attachment

and the security offered and given is in the opinion of the

Judge satisfactory and sufficient, on accepting the security,

the Judge could withdraw the attachment if attachment

already passed or refrain from passing an order of

attachment if attachment not passed. Since the order of the

learned Special Judge could not be found as illegal and the

entire properties have been attached in a case involving

disproportionate assets to the tune of Rs.28,78,399/- (as

alleged by the prosecution), the attachment should be

confined to the property which would fetch the said amount

and not beyond that.

22. Having held so, it is specifically ordered that

the petitioners in Crl.M.C.Nos.6757/2025 and 6764/2025 are

at liberty to furnish security for an amount of Rs.28,78,399/-

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either independently or by offering any one of the properties

attached along with original title deed of the property, non-

liability certificate, valuation certificate, tax receipt,

possession certificate and location sketch. On production of

security as stated, the learned Special Judge can consider

the same in terms of Section 8 of the Ordinance and pass

appropriate orders as per law.

In the result, Crl.M.C.Nos.6757/2025 and 6764/2025

stand disposed of as indicated above.

In Crl.M.C. No. 5590/2025, only an interim order of

attachment has been passed, and upon notice, the petitioner

filed an objection. Therefore, the petitioner is at liberty to

raise the contention before the special court in accordance

with the statutory provisions and the decision extracted

above. While passing the final order, the learned Special

Judge shall consider the same.

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Holding so, Crl.M.C.No.5590/2025 stands disposed

of as above.

Sd/-

A. BADHARUDEEN
JUDGE
nkr
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APPENDIX OF CRL.MC 5590/2025

PETITIONER ANNEXURES

ANNEXURE-I CERTIFIED COPY OF THE ORDER DATED
07.05.2025 PASSED BY THE COURT OF
ENQUIRY COMMISSIONER AND SPECIAL
JUDGE, KOZHIKODE
ANNEXURE 2 TRUE COPY OF THE FIR IN CRIME NO
VC.6/2021/SCK REGISTERED BY VACB,
SPECIAL CELL, KOZHIKODE
ANNEXURE-III TRUE COPY OF THE APPLICATION ALONG
WITH THE AFFIDAVIT SUBMITTED U/SS 18A
OF THE PREVENTION OF CORRUPTION
(AMENDMENT) ACT, 2018
ANNEXURE-IV TRUE COPY OF THE SALE DEED DATED
27.06.2016 IN DOCUMENT NO. 1559/2016
ANNEXURE-V TRUE COPY OF THE AGREEMENT DATED
06.10.2021 BETWEEN THE PETITIONER AND
USSAIN
ANNEXURE-VI TRUE COPY OF THE ORDER DATED
19.09.2023 IN CRL MC NO 777/2022
2025:KER:62896
CRL.MC.NOS.5590,6757 & 6764 OF 2025
26
APPENDIX OF CRL.MC 6757/2025

PETITIONER ANNEXURES

ANNEXURE-I TRUE COPY OF THE FIR IN CRIME NO
VC.01/2019/SCE BY VACB SPECIAL CELL,
ERNAKULAM
ANNEXURE-II CERTIFIED COPY OF THE COMMON ORDER IN
CRL MP 1682/2024 & CRL MP 1403/2024 IN
VC NO 01/2019/SCE DATED 23.05.2025
PASSED BY THE ENQUIRY COMMISSIONER AND
SPECIAL JUDGE, THRISSUR
ANNEXURE-III TRUE COPY OF THE AFFIDAVIT AND
APPLICATION SUBMITTED U/S 18A OF THE
PREVENTION OF CORRUPTION ACT DATED
28.10.2024
ANNEXURE IV TRUE COPY OF THE COUNTER STATEMENT
FILED BY THE 2ND PETITIONER IN CRL MP
NO 1682/2024 BEFORE THE ENQUIRY
COMMISSIONER & SPECIAL JUDGE
(VIGILANCE THRISSUR)
ANNEXURE-V TRUE COPY OF THE STATEMENT OF LAND AND
PROPERTY, SHARES IN COMPANIES AND
OTHER INVESTMENT HELD BY THE 1ST
PETITIONER, HIS WIFE AND FRIENDS IN
THE YEAR 2016
2025:KER:62896
CRL.MC.NOS.5590,6757 & 6764 OF 2025
27
APPENDIX OF CRL.MC 6764/2025

PETITIONER ANNEXURES

ANNEXURE-I TRUE COPY OF THE FIR IN CRIME NO
VC.01/2019/SCE BY VACB SPECIAL CELL,
ERNAKULAM
ANNEXURE-II CERTIFIED COPY OF THE COMMON ORDER IN
CRL MP 1682/2024 & CRL MP 1403/2024 IN
VC NO 01/2019/SCE DATED 23.05.2025
PASSED BY THE ENQUIRY COMMISSIONER AND
SPECIAL JUDGE, THRISSUR
ANNEXURE-III TRUE COPY OF THE APPLICATION SUBMITTED
U/S 18A OF THE PREVENTION OF
CORRUPTION ACT ALONG WITH THE
AFFIDAVIT DATED 23.09.2024
ANNEXURE IV TRUE COPY OF THE COUNTER STATEMENT
FILED BY THE 1ST PETITIONER IN CRL MP
NO 1403/2024 BEFORE THE ENQUIRY
COMMISSIONER & SPECIAL JUDGE
(VIGILANCE THRISSUR)
ANNEXURE V TRUE COPY OF THE COUNTER STATEMENT
FILED BY THE 2ND PETITIONER IN CRL MP
NO 1403/2024 BEFORE THE ENQUIRY
COMMISSIONER & SPECIAL JUDGE
(VIGILANCE), THRISSUR
ANNEXURE-VI TRUE COPY OF THE STATEMENT OF LAND AND
PROPERTY, SHARES IN COMPANIES AND
OTHER INVESTMENT HELD BY THE 1ST
PETITIONER, HIS WIFE AND FRIENDS IN
THE YEAR 2016



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