Adarsh Cooperative Housing Society Ltd. vs Central Bureau of Investigation

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 952 OF 2018 [@ SPECIAL LEAVE PETITION (CRL.) NO. 2631 OF 2018]

ADARSH COOPERATIVE HOUSING SOCIETY LTD. Appellant(s)

VERSUS

CENTRAL BUREAU OF INVESTIGATION Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. This Court permitted the appellant to withdraw

the amounts claimed by the banks on furnishing

security of immovable property, as per order dated

05.01.2018 in Criminal Appeal No. 19 of 2018.

3. When the appellant offered security of the

immovable property, wherein the housing complex is

situated, that was turned down as per the impugned

order passed by the CBI Special Judge, Greater

Mumbai, holding that the disputed structure is

standing on the land, which is being offered as a Signature Not Verified

security and being the subject matter of the case, Digitally signed by JAYANT KUMAR ARORA Date: 2018.08.02 13:10:47 IST Reason:

the land cannot be accepted as a security. Thus

aggrieved, the appellant is before this Court. 2

4. We have heard Mr. Vikramjit Banerjee, learned

Additional Solicitor General appearing for the first

respondent and Mr. Nishant R. Katneshwarkar, learned

counsel appearing for the State of Maharashtra.

Though the application is seriously opposed by both

the respondents, the fact remains that the land was

allotted to the appellant by the State of Maharashtra

on payment of Rs. 12.61 Crores, as per Allotment

Letter dated 09.07.2004. The learned counsel for

appellant submits that the amounts which are frozen,

are required for litigation expenses and, therefore,

denial of the same would amount to denial of access

to justice.

5. In the above circumstances, we do not propose to

go into the various contentions taken by the State

since we are only concerned with the release of the

amounts on offering the land as a security.

Therefore, leaving all the contentions open, and

without prejudice to the contentions taken by the CBI

as well as by the State, the impugned order dated

01.03.2018 passed by the CBI Special Judge is set

aside. The Special Judge, CBI is directed to accept

the security of the land, as offered by the appellant

and release the amounts.

3

6. In view of the above, the appeal is disposed of.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ SANJAY KISHAN KAUL ]

New Delhi;

July 31, 2018.