Rajasthan High Court - Jaipur
Dr Rajendra Prasad Saini vs State Of Raj And Ors on 30 November, 2018
Author: Sabina
Bench: Sabina
(1 of 3 )
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ No. 129/2018
Dr. Rajendra Prasad Saini S/o Jamna Lal Saini, R/o 88-89 Sumer
Nagar, Extension Jaipur, Mansarover, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan Through P.P.
2. Director General, Anti Corruption Bureau, Rajasthan J-9,
Jhalana Institutional Area, Jaipur Raj.
3. Regional Director, Reserve Bank Of India Rambagh Circle,
Tonk Road Jaipur-302004
----Respondents
For Petitioner(s) : Mr. I.R. Saini For Respondent(s) : Mr. R.S. Raghav, P.P. For Respondent no.3 : Mr. Abhishek Bhandari HON'BLE MRS. JUSTICE SABINA Judgment 30/11/2018 Petitioner has filed this petition under Article 226 of the Constitution of India challenging the order dated 19.01.2018, whereby, application moved by the petitioner for release of the amount of bribe money taken in possession by the Investigating Agency at the time of raid, was dismissed.
I have heard learned counsel for the parties and have gone through the record available on the file carefully.
On 28.09.2018 following order was passed by the Co- ordinate Bench of this court:-
"The matter comes on IA No. 5214/18 for early hearing of the matter.
Considering the facts mentioned in the application and arguments advanced by learned counsel for the applicant- petitioner, the application is allowed and the matter has been heard today itself.
Shri Nikhil Saini, learned counsel for the petitioner relied on the decision of Division Bench of (2 of 3) [CRLW-129/2018] Punjab and Haryana High Court at Chandigarh in State Bank of India Vs. Union of India & ors., CWP No. 11339/2017 decided on 12.7.2017, wherein it has been observed as under:
"The Reserve Bank of India has filed its reply-affidavit alongwith Government of India, Ministry of Finance (Department of Economic Affairs) Notification, dated 12.05.2017, whereby the Specified Bank Notes (Deposit of Confiscated Notes), Rules, 2017, have been notified (for brevity, "the 2017 Rules"). Rule 2 of these Rules provides that where specified bank notes have been confiscated or seized by a law enforcement agencies or produced before a Court on or before 30.12.2016, such bank notes can be tendered at any specified office of the Reserve Bank for deposit in a bank account or exchange of the value thereof with legal tender, subject to certain conditions. Clause (c) of Rule 2 of the 2017 Act further reads as follows:-
"(c) in case specified bank notes are placed in custody of any other person by an order of the Court on or before the 30th day of December 2016, then, the person shall be entitled, on production of the direction of the court, to deposit or exchange such specified bank notes, the serial numbers of which-
(i) have been noted by the law enforcement agency which confiscated or produced them before the court; and
(ii)are mentioned in the direction of the court." (emphasis applied) Since the petitioner-Bank cannot exchange the confiscated invalid currency notes deposited with it under the Court orders with legal tender unless a specific order to this effect is passed by the Court concerned, we are of the considered view that it is imperative upon the Special Courts/Judicial Magistrates concerned to entertain the application(s) that may be moved by the petitioner-Bank to seek exchange of the confiscated invalid currency notes with legal tender in terms of 2017 Rules, referred to (3 of 3) [CRLW-129/2018] above. While doing so, the Special Courts/Judicial Magistrate shall ensure that Prosecuting agency has already prepared an inventory of the invalid currency notes and kept its photostat copies, duly attested, as case property for the purpose of ongoing trial.
Accordingly, he submits that Reserve Bank of India should exchange the currency notes.
Shri Jitendra Mishra, learned counsel appearing on behalf of respondent No.3- Reserve Bank of India, submits that some time may be given so that may take instructions in regard to the rules and circular of Reserve Bank of India.
Learned Public Prosecutor appearing on behalf of respondents No. 1 and 2 also wants time to complete his instructions in this regard.
Time prayed for is allowed. List again on 6 th October, 2018."
At the instance of the petitioner, a raid was organised by the Anti Corruption Bureau, Jaipur. Accused was caught red handed while accepting bribe to the tune of Rupees five lacs from the petitioner. Since, the said currency is no longer valid currency in view of demonetisation, petitioner moved an application that the amount-in-question be released to him so that he could get the same exchanged from the bank. In case the old currency notes are not got exchanged by the petitioner, he would suffer a huge loss. Trial court has dismissed the application moved by the petitioner. However, keeping in view the decision given by the Division Bench reproduced in the order dated 28.09.2018, this petition is allowed. Impugned order dated 19.01.2018 is set aside. Trial court is directed to pass a fresh order in view of the decision given by the Punjab & Haryana High Court at Chandigarh in State Bank of India Vs. Union of India & Ors., in CWP No. 11339/2017 decided on 12.7.2017.
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