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Supreme Court of India 2017-10-05 dismissed

Ravi Sinha : Ravi Sinha : Sandeep Malik : Kamal Malik vs State of Jharkhand : State of Bihar (Now Jharkhand) Through C.B.I. : State of Jharkhand : C.B.I

Bench: 2 — Ashok Bhushan

In Brief

Four criminal appeals challenged orders making absolute the attachment of properties under the Criminal Law (Amendment) Ordinance, 1944, in connection with a large-scale fodder scam involving fraud of over Rs. 600 crores in the Animal Husbandry Department. The appellants were accused persons and family members. The Supreme Court held that since criminal proceedings were ongoing—including pending convictions on appeal and ongoing trials—and the Ordinance's Section 13 provisions for disposal of attached property upon termination of criminal proceedings had not yet been triggered, the attachment orders need not be disturbed. The Court ruled that questions regarding the quantum of misappropriation and whether attached properties were purchased from legitimate sources could be raised in pending Section 13 proceedings or at final judgment.

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Criminal Law Civil Procedure Asset Recovery Attachment of Property Conspiracy Misappropriation of Public Funds Constitutional Law Evidence and Proof

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