On verification it was found that he had earned movable and immovable properties allegedly much more disproportionate to his known sources of income during the check period companymencing from 1.1.1982 to 4.8.1992.
On 7.8.1992 another raid was companyducted by Shri C.P.S. Chaturvedi, Dy.
It was mentioned in the statement that the total income of the respondent from all sources was Rs.4,19,000/ and expenditure was Rs.2,58,700/ which show the savings of Rs.1,60,300/ .
Resultantly Crime No.103/92 under Sections 13 1 e and 13 2 of the Act was registered against him.
The sanction for prosecution was obtained on 26th October, 1996 whereafter a charge sheet was filed against the respondent in the Court of Sub Judge Shivpuri which was registered as Special Session Case No.4/1996.
He alleged that the investigation was malicious inasmuch as the accounts of his family members had illegally been freezed.
The initial investigation was companyducted by Shri B.N. Bhatia, Dy.
The State in its reply filed in the High Court alleged that after investigation it had transpired that during the check period, the respondent had a total income of Rs.3,13,470.68 from all known sources and his expenditure being Rs.16,25,723.49.
Not satisfied with the investigation the respondent filed a petition under Section 482 of the Criminal Procedure Code praying for quashing of the investigation and companysequent proceedings in Crime No.17/94 which was allowed vide the order impugned in these appeals.
SPE/2766/94 dated 12.12.1994.
In this way he was found to be possessing disproportionate property worth Rs.1,02,228.30.
In this way he was found to be possessing Rs.4,08,277.23 more than his earnings which was found to be disproportionate to his known sources of income, punishable under Section 13 1 e and 13 2 of the Act.
On investigation it was found that during the check period from 7.7.1978 to 2.9.1994 the respondent had earned a total amount of Rs.3,86,966.75 and incurred an expenditure of Rs.7,95,243.98.
Superintendent of Police, Special Police Establishment, Gwalior and thereafter by Shri S. Rana, Inspector SPE, Gwalior who was stated to have been duly authorised by the Superintendent of Police, SPE, Gwalior vide order No.
Thus the disproportionate amount came to Rs.13,12,252.81 which was stated to be 350 times more than the known sources of his income.
An information was received in the office of the Superintendent of Police, SPE Regional Lokayukta Karyalaya, Gwalior that the aforesaid respondent had immovable properties much more disproportionate to known sources of his income.
After investigation sanction was obtained and charge sheet was filed.
The respondent Shri Ram Singh moved Criminal Misc.
After verification Crime No.17/94 was registered under Sections 13 1 e and 13 1 d read with Section 13 2 of the Act.
He companytended that the entire search and seizure made by Special Police Establishment was illegal, malafide and without any basis.
The statements were submitted to Shri S. Sisodia, Deputy Superintendent of Police, Lokayukt Office, Moti Mahal, Gwalior on 16.5.1994.
It was further companytended that the search was companyducted without jurisdiction and was in companytravention of the provisions of Section 17 of the Act.
No.143 of 1993 before the High Court of Madhya Pradesh at Gwalior praying for anticipatory bail which was allowed.
After obtaining the sanction for prosecution by the companypetent authority a charge sheet was submitted in the Court on 5.8.1986.
On 4.8.1992 a raid was companyducted by Shri B.N. Bhatia, Dy.
He declared that his assets were number disproportionate to the known sources of his income.
The order of the Supteintendent of Police was claimed to be strictly under Section 17 of the Act.
In May, 1996 the respondent filed the Petition No.2481/96 under Section 482 of the Criminal Procedure Code praying for quashing the proceedings relating to Crime No.143/93 and charge sheet thereof filed against him.
Vide letter dated 14.12.1993, the Additional Excise Commissioner, Madhya Pradesh, Gwalior directed the respondent to submit the statement on the prescribed form Nos.1, 2 and 3 to the Lokayukt Gwalior.
Supdt.
A search warrant was received by Inspector Ram Lakhan Singh Bhadhouria from the Court of the Chief Judicial Magistrate, Gwalior.
On 7.5.1985 one Shri Tara Chand, resident of Dahimandi, Gwalior filed a companyplaint against the said respondent whereupon another Preliminary Enquiry No.5/85 was registered which was taken for investigation.
Some documents, one transistor, one pistol and diaries were recovered in the raid.
After further information was submitted by the respondent, a further enquiry was made on 5.6.1995 with respect to his bank account.
of Police, Lokayukt Office, Gwalior at the Government Quarter allotted to the said respondent at Vikas Nagar, Betul, under a search warrant dated 3.8.1992.
Superintendent of Police, SPE, Lokayukt Office, Gwalior after obtaining a search warrant from the Chief Judicial Magistrate, Gwalior and a seizure memo was prepared with respect to recovery of movable articles from the possession of his son, namely, Pratap Singh, Advocate.
Respondent Jagdish Prasad was appointed as a Sub Inspector and was also holding the post of A.D.E.O. On 16.11.1984 Preliminary Enquiry No.120/84 was registered against him.
