TaxTMI 
TaxTMI 
2021 (3) TMI 894
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....ticipatory bail under Section 438 of Cr.P.C. 2. The Anti Corruption Bureau, Jammu [ACB] registered a case FIR No. 12/2013 dated 05.08.2013 against petitioner No.1 under Section 5(1) read with Section 5(2) of J&K Prevention of Corruption Act, Svt. 2006 (hereinafter referred to as the 'PC Act') on 05.08.2013 on the allegation that petitioner No.1, by indulging in corrupt practices, had accumulated huge wealth disproportionate to his known sources of income. The ACB, upon completion of investigation, and having found the charges against the petitioners substantiated, presented the final report/charge-sheet in the Court of learned Special Judge, Anti Corruption, Jammu [Special Judge] on 19.03.2008. The ACB, in its chargesheet submitted to the ....
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....d their objections. The bail plea of the petitioners has been opposed by them. It is claimed that petitioner No.1 has misused his position and amassed huge wealth by indulging in corrupt practices. The ACB has, in its thorough investigation, found petitioner No.1 and his wife possessing assets disproportionate to their known sources of income. It is also claimed that though, the petitioners are attending the investigation as and when called, yet they are not cooperating and producing the documents as are requisitioned from them. It is also pleaded that the conduct of the petitioners post registration of the aforesaid FIR by the ACB and presentation of charge-sheet before the Court of Special Judge has been totally unbecoming of a public ser....
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....r Provisions Act, 1988 r/w 168/120-B RPC was registered against by the ACB, Jammu against petitioner No.1. The ACB after completion of investigation presented the chargesheet before the Court of Special Judge. The Special Judge has also framed the charges on 27.09.2018. As per the chargesheet submitted by the police, the petitioners have been found to be in possession of disproportionate assets to the tune of Rs. 3,82,74,730/-. This is for the period w.e.f 01.03.1991 to 05.08.2013. Taking the disproportionate assets unearthed by the ACB, respondent No.2 has also initiated proceedings under PMLA and has formally registered ECIR/02/JMSZP/2020 dated 21.02.2020 and is investigating the matter. 7. It is also not in dispute that right from regis....
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.... is nearing completion, it would be travesty of justice, if the petitioners are handed over to respondent No. 2 for custodial interrogation. It needs to be borne in mind that a person accused of an offence cannot be compelled to produce or submit to the investigating agency, the incriminating material for a right against self-incrimination is a fundamental right guaranteed by Article 20 of the constitution of India. 9. Arrest of accused may be required for effective investigation of crime, but the same cannot be a substitute of post trial punishment. After all, an accused is presumed to be innocent until proven guilty. The golden principle is part of criminal jurisprudence of all civilized nations including India. Stringent conditions of b....