Precedure to release seized goods by cbi
subhash Ingole
(Querist) 13 October 2016
This query is : Resolved
Please provide details of Procedure for getting back seized money by CBI.Details question enclosed in file.
1. Conspiracy Case is booked against me under PCA-1988.In my case Complainant's father and shadow witnesses are related i.e. they are working in Bank in Same city. Can be taken this point for defence in trial?
2. From where guidance on Disproportionate Assets under PCA-1988 will get ?
3. Trap Case is booked under PCA-1988 in Jan-2016. During trap Panchanama CBI seized Rs.1,75,000/- alongwith my Bag. Charge sheet is filed on 30/06/2016 for contravention of provision of section 7,13(2) & 13(i)d of said Act. I had valid reason/paper for having cash but CBI Officers not included my submission in Panchanama nor released cash. Kindly guide /or provide procedure to get release said cash through court.
4. Rs.11, 00,000/ and gold about 1000 gm. ( which belong to my mother, wife and daughter-in-law Seized from locker which is jointly with wife. Having some receipts but not considered by CBI at the time of Panchnama. Kindly guide /or provide procedure to get release said cash and gold through court as my family need ornaments for Deepawali.
adv.bharat @ PUNE
(Expert) 13 October 2016
1) yes
2)IT department web site.
3) U need to give affidavit regarding the same.
4) with Joint liability they can't proceed further.
For more details revert back to me PM.
If u appreciate my answer then will u give THANK onmy LCI profile?
Sudhir Kumar, Advocate
(Expert) 14 October 2016
Complainant's father and shadow witnesses are related i.e. they are working in Bank in Same city. Can be taken this point for defence in trial?
NOT ABLE TO AGREE.
CANNOT BE SAID WITH CERTAINTY. GENERALLY CBI CALLS SHADOW WITNESS FROM GOVT DEPTT AND AT THAT TIME THE WITNESS OR HIS DEPTT IS NOT EVEN AWARE AS TO WHAT IS THE CASE. PLEASE SEE IF THIS PROCEDURE IS ADOPTED OR NOT. THIS ASPECT CAN COME ONLY IN CROSS-EXAMINATION.
Sudhir Kumar, Advocate
(Expert) 14 October 2016
"2. From where guidance on Disproportionate Assets under PCA-1988 will get ?"
NOT ABLE TO AGREE
IN THE FIRST PLACE YOUR QUESTION IS VAGUE. IT IS NOT CLEAR AS TO WHAT GUIDANCE YOU WANT.
INCOME TAX DEPARTMENT DOES NOT PROVIDE ANY ONLINE SERVICE FOR ESCAPING CRIMINAL LIABILITY FOR ASSETTS DISPROPORTIONATE TO KNOWN SOURCES.
YOU HAVE TO ANGAGE A SEASONED LAWYER IN THIS CASE.
Sudhir Kumar, Advocate
(Expert) 14 October 2016
"3. Trap Case is booked under PCA-1988 in Jan-2016. During trap Panchanama CBI seized Rs.1,75,000/- alongwith my Bag. Charge sheet is filed on 30/06/2016 for contravention of provision of section 7,13(2) & 13(i)d of said Act. I had valid reason/paper for having cash but CBI Officers not included my submission in Panchanama nor released cash. Kindly guide /or provide procedure to get release said cash through court.
NOT ABLE TO AGREE
BY SUBMITTING AN AFFIDAVIT YOU ARE BECOMING A WITNESS AND OPEN TO CROSS-EXAMINATION BY THE PROSECUTION. SUCH ACTION UNLESS CONSIDERED INESCAPABLE BY YOUR LAWYER CAN BE SUICIDAL.
DEFENCE OF THE3 ACCUSED IS NEVER TO BE INCLUDED IN PANAMANIAN. CBI IS CORRECT.
Sudhir Kumar, Advocate
(Expert) 14 October 2016
"4. Rs.11, 00,000/ and gold about 1000 gm. ( which belong to my mother, wife and daughter-in-law Seized from locker which is jointly with wife. "
NOT ABLE TO AGREE
DOES NOT MATTER TO WHOM THE ASSETTS BELONGED. THE ASSETS HAVE BEEN FOUND IN THE LOCKER BELONGED JOINTLY WITH YOUR WIFE.
DURING TRIAL YOU HAVE TO PROVE (NOT EASY) THAT THIS PROPERTY DID NOT BELONG TO YOU.
IN CASE YOUR MOTHER AND DAUGHTER IN LAW CAN SUSTAIN CROSS-EXAMINATION BY THE CBI LAWYER THEN YOU MAY SUCCEED PARTIALLY.
BUT DOUBT STILL WILL REMAIN THAT IF THE GOLD BELONGED TO DAUGHTER IN LAW THEN WHAT IT WAS DOING IN YOUR LOCKER.
MAKE THIS STATEMENT AFTER WEIGHING PROS AND CONS. MAKE THIS STATEMENT ONLY IF RELATIONS WITH DIL ARE GOING TO REMAIN EVER CORDIAL. SUCH STATEMENT IN CBI COURT CAN EASILY USED BY DIL TO GET YOU CONVICTED U/S 406/409 IPC.
FURTHER IT IS 1 KG GOLD WHICH IS RARE CATHC FOR CBI.
LET YOUR DIL MAKE A STATEMENT THAT IT WAS HER GOLD AND LET HER FIND THAT HER FATHER IS ENGAGED IN INCOME TAX CASE AND IF A GOVT SERVANT IN A SIMILAR DISPROPORTIONATE ASSETTS CASE.
Sudhir Kumar, Advocate
(Expert) 14 October 2016
I shall be thankful if Mr Bharat could elaborate what does he mean by "joint liability" in this case.
All that I can understand from my experience in such like cases that if his wife was also Govt servant then she would have been jointly charged in the same case and would also have been on bail.
Given facts do not indicate any such event.
Ms.Usha Kapoor
(Expert) 14 October 2016
Agree with expert Mr.Sudheer Kumar.
Rajendra K Goyal
(Expert) 14 October 2016
You said:
Complainant's father and shadow witnesses are related i.e. they are working in Bank in Same city. Can be taken this point for defence in trial?
Reply: Generally father and son are not posted in same Branch of the Bank. however, in such case you can put the point in defense.
Rajendra K Goyal
(Expert) 14 October 2016
You said:
"2. From where guidance on Disproportionate Assets under PCA-1988 will get ?"
Reply:
Your own record can save you, please gather all your earnings and expenditure of past.
Can engage services of professional.
Rajendra K Goyal
(Expert) 14 October 2016
You said;
"3. Trap Case is booked under PCA-1988 in Jan-2016. During trap Panchanama CBI seized Rs.1,75,000/- alongwith my Bag. Charge sheet is filed on 30/06/2016 for contravention of provision of section 7,13(2) & 13(i)d of said Act. I had valid reason/paper for having cash but CBI Officers not included my submission in Panchanama nor released cash. Kindly guide /or provide procedure to get release said cash through court.
Reply:
You would be provided full opportunity to defend yourself in court, submit all proofs in the court during proceedings.
An experienced and able lawyer can save you.
Rajendra K Goyal
(Expert) 14 October 2016
You said:
"4. Rs.11, 00,000/ and gold about 1000 gm. ( which belong to my mother, wife and daughter-in-law Seized from locker which is jointly with wife. "
Reply:
Generally investigating agency would not believe in your statement, you have to submit proofs in court.
Rajendra K Goyal
(Expert) 14 October 2016
It would be very difficult to get back the money at this stage, submit all proofs that money belong to you, got from legal channel.
Experienced lawyer would be of great help.
Sudhir Kumar, Advocate
(Expert) 14 October 2016
You prove before the court that the assets are not disproportionate to you (know sources) income. Then you get back all that is confiscated.
