acquisition of disproportionate
assets. The High Court, therefore, was in error in holding
that a public servant charged for having disproportionate
assets in his possession ... disproportionate assets. The extent and nature of burden of
proof resting upon the public servant to be found in
possession of disproportionate assets under
disproportionate assets at Rs. 3,47,601.49. On appeal the High Court has reduced the value of the disproportionate assets ... Court in arriving at this disproportionate assets and whether the appellant has satisfactorily accounted this alleged disproportionate assets.
5. Mr. P.P. Rao, learned senior
adding the Assets and Expenditure during the check period, and subtracting the Income from it.
5
PART B
“Calculation of Disproportionate Assets:-
Sl. Particulars ... calculating their income, expenditure and value of
assets to hold that they did not possess any Disproportionate Assets.
However, no explanation has been provided about
their assets. As rightly pointed out by Mr. Harish Salve, there was
no occasion for this Court to consider the alleged disproportionate assets ... issue about disproportionate assets of the petitioner. In
view of the same, giving any direction to lodge FIR relating to
disproportionate assets case
only keeping a large number of assets valued at Rs. 19,97,191.38 out of the said disproportionate assets of her husband either ... accused persons have satisfactorily explained the assets in their possession and no case of possession of disproportionate assets was made out.
37. Learned Counsel
having disproportionate assets in his possession for which he cannot satisfactorily account cannot be convicted of an offence under S. having disproportionate assets ... disproportionate assets. The extent and nature of burden of proof resting upon the public servant to be found in possession of disproportionate assets under Section
preliminary inquiry carried
out before registration of the FIR has revealed disproportionate
assets to the tune of 20% of the income of AS; hence ... period’
which is a sine qua non in a case of disproportionate assets.
Further, the FIR did not disclose the basic ingredients of establishing
Assets as per Observation Memo Rs. 4, 250.00
Total Assets Rs. 1, 08, 087.00
vii. Therefore, as per the preliminary investigation, the total
disproportionate assets ... Total Assets Rs. 2,23,917/-
Kitchen/Living Expenses Rs. 51,307/-
Disproportionate Assets 1,19,232/-
4. Mr. Vikram Singh, learned counsel appearing
disproportionate assets.
(ii) The Investigating Officer also did not give any notice to the accused Non-applicant for explaining satisfactorily account of disproportionate assets ... asset found and then holds and records that prima facie the accused has not been able to satisfy or account for the disproportionate assets
accounting for the incomes, assets and expenditure of
Shri Virbhadra Singh to examine whether or not a viable
Disproportionate assets (DA) made out against ... counting for the incomes, assets
and expenditure of Shri Vir Bhadra Singh, to examine
whether or not a viable Disproportionate Assets (DA) case is
made
