1962 (4) TMI 96 - SC - Indian Laws

Supreme Court reverses High Court, upholds District Judge's order on forfeiture proceedings.

STATE OF WB. Versus SK. GHOSH

STATE OF WB. Versus SK. GHOSH - 1963 AIR 255, 1963 (2) SCR 111b Issues Involved:1. Validity of the proceedings under Section 13 of the 1944 Ordinance without a specific order under Section 12.2. Applicability of Article 20(1) of the Constitution to the forfeiture under Section 13(3) of the 1944 Ordinance.3. Interpretation of Sections 12 and 13 of the 1944 Ordinance.4. Jurisdiction of the District Judge to forfeit properties under Section 13(3) of the 1944 Ordinance.Issue-wise Detailed Analysis:1. Validity of the proceedings under Section 13 of the 1944 Ordinance without a specific order under Section 12:The main contention was whether the District Judge could proceed under Section 13 of the 1944 Ordinance without a specific order under Section 12. The court clarified that Section 12(1) requires the court trying the offender to record a finding as to the amount of money or value of other property procured by the accused by means of the offence. The court held that this requirement is fulfilled if the court, at the request of the prosecution, records such a finding, even if it is not explicitly stated as being under Section 12(1). The court concluded that the finding by the criminal court regarding the amount of money procured by the respondent, which was at least Rs. 30 lacs, sufficed for the District Judge to proceed under Section 13(3).2. Applicability of Article 20(1) of the Constitution to the forfeiture under Section 13(3) of the 1944 Ordinance:The court examined whether the forfeiture under Section 13(3) constituted a penalty, thereby attracting Article 20(1) of the Constitution, which prohibits the imposition of a penalty greater than what was prescribed at the time of the offence. The court held that the forfeiture under Section 13(3) is not a penalty but a method of recovering money or property belonging to the government that had been embezzled. The court emphasized that the forfeiture was akin to a civil recovery process and not a criminal penalty, thus Article 20(1) did not apply.3. Interpretation of Sections 12 and 13 of the 1944 Ordinance:The court interpreted Sections 12 and 13 of the 1944 Ordinance, clarifying that Section 12 requires the criminal court to record a finding on the amount or value of property procured by the offence. This finding is necessary for the District Judge to proceed with forfeiture under Section 13(3). The court noted that the criminal court's determination of the amount embezzled (at least Rs. 30 lacs) was sufficient for the District Judge to act under Section 13(3). The court also clarified that the criminal court is not required to value the attached property; this task falls to the District Judge when considering forfeiture.4. Jurisdiction of the District Judge to forfeit properties under Section 13(3) of the 1944 Ordinance:The court affirmed the District Judge's jurisdiction to order forfeiture of properties up to the value of Rs. 30 lacs, as determined by the criminal court. The court rejected the view that the criminal court needed to value the attached properties, emphasizing that the District Judge is responsible for this valuation. The court concluded that the District Judge's order to forfeit properties up to Rs. 30 lacs was correct and in accordance with the law.Conclusion:The Supreme Court allowed the appeal, setting aside the High Court's order and restoring the District Judge's order. The District Judge was directed to take further steps in accordance with the law, confirming the validity of the forfeiture proceedings and the interpretation of the relevant sections of the 1944 Ordinance. The court clarified that the forfeiture under Section 13(3) is a civil recovery mechanism and not a criminal penalty, thereby not attracting Article 20(1) of the Constitution.