Excelsior Correspondent
JAMMU, Oct 1: Special Judge Anticorruption Jammu Mohan Singh Parihar has set-aside the order of attachment of property of KAS officer Noor Alam.
On 23.09.2019, a case vide FIR No. 21 of 2019 for offence under Section 5(1)(e) read with Section 5(2) of Prevention of Corruption Act came to be registered at Police Station ACB Jammu against the appellant Noor Alam for possessing huge movable/immovable property disproportionate to his known sources of income.
Thereafter, with the approval of Director Anti-Corruption Bureau the property (one house and three plots of land) was attached and the KAS officer challenged the same.
After hearing both the sides, the court observed, “the investigating officer while passing the order of attachment has not given any reasons to believe that the property in question relating to which he was conducting investigation has been acquired by the appellant by the commission of offence of criminal misconduct as defined under Section 5(1)(e) of the PC Act”.
“He has also not mentioned any relevant material on the basis of which he came to be conclusion during the course of investigation that the property in question is required to be attached in terms of Section 8-B of the PC Act. The Designated Authority also while deciding the matter has not given any reasons to arrive at the conclusion that the order of attachment is legally sustainable under law and does not suffer from any infirmity”, the court observed, adding “the perusal of the impugned order passed by the Designated Authority shows that the same is not in consonance with law laid down by the Supreme Court and thus the order of attachment requires to be revoked”.
The court further came to the conclusion that the order dated 07.05.2021 passed by the Designated Authority confirming the order of attachment of property is not sustainable under law and thus the appeals of the appellants are allowed.
“The impugned order is set aside and order of attachment dated 10.02.2021 is revoked and the attached property is order to be released. However, the investigating officer is at liberty to pass a fresh reasoned order of attachment strictly in accordance with the provisions of Section 8-B of the Prevention of Corruption Act”, the court said.
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