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Supreme Court of India 2018-07-31 partly_allowed

Adarsh Cooperative Housing Society Ltd vs Central Bureau of Investigation

Bench: 2 — Kurian

In Brief

A cooperative housing society challenged a CBI Special Judge's order rejecting immovable property as security for frozen bank amounts. The Court held that merely because the property is the subject matter of prosecution does not automatically disqualify it as security. Setting aside the rejection order, the Court directed the CBI Special Judge to accept the offered land as security and release the amounts, finding that denial of funds for litigation expenses would amount to denial of access to justice. All substantive contentions of the State and CBI were left open.

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Criminal Procedure Constitutional Law Access to Justice Asset Preservation

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