Gopal Bhatter vs. Central Bureau Of Investigation And Anr

Held

The Court held that there is no justification for retaining the cash amount of Rs. 30 lakhs. The Court found that the prosecution's case, as laid out in the charge-sheet, specifically states that accused no. 1, Amit Dalal, demanded the bribe amount, and it was accepted at the instance of the present applicant on his behalf. The Court observed that the cash amount recovered from the applicant's office/house prima facie has no connect with the charge-sheet filed. The submission by the CBI that they intend to find out if this amount was also received as a bribe was deemed to have no merit. Consequently, the impugned order was set aside, and the Special Judge, CBI, was directed to ensure the return of the cash amount to the applicant within four weeks.

Facts

The applicant, Gopal Bhatter, is aggrieved by the rejection of his application seeking the return of Rs. 30 lakhs in cash seized by the CBI. The CBI registered a case against him under Section 7 of the Prevention of Corruption Act. During the investigation, the applicant's laptop and two mobile phones were seized along with the cash. The applicant contended that the cash recovery has no connection to the alleged offenses. His earlier application for the return of seized items was rejected by the Sessions Court on August 25, 2021, citing ongoing investigation. The applicant explained the cash was kept in the ordinary course of business and not deposited in the bank. The prosecution alleged the cash was part of a bribe.

Key Issues

1. Whether the cash amount of Rs. 30 lakhs seized from the applicant can be returned during the pendency of the investigation, considering Section 451 read with Section 457 of the Code of Criminal Procedure. Petitioner's Argument: The applicant argued that there is no material connecting the cash recovery of Rs. 30 lakhs with the alleged offenses under Section 7 of the Prevention of Corruption Act. He claimed the cash was kept in the ordinary course of business. Revenue's Argument: The CBI opposed the return, stating that the source of the cash is under investigation. They argued that the amount should not be returned until the analysis report of the data from the seized laptop and mobile phones is available. The CBI's case, as per the charge-sheet, is that the bribe amount was demanded by co-accused Amit Dalal and accepted at the instance of the applicant.