High Court of Madras regarding A.M.Paramasivam, the former member of the Tamil Nadu Legislative Assembly acquired property where disapropriated.
Title : A.M.Paramasivan v. The Inspector of Police
Case no. : Crl.A.No.1170 of 2000
Decided on : 20 .11.2023
CORAM : THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Introduction
Civil Miscellaneous Application has been filed under Section 11 of Criminal Law (Amendment) Ordinance 1944, against the order dated 03.01.2001 made in Criminal O.P.No.2/1997 on the file of the Principal Sessions Judge, Madurai.
Fact of the Case
A.M.Paramasivam, was the elected Member of the Tamil Nadu Legislative Assembly during the period 16.06.1991 to 09.05.1996, he was the Minister for Labour Welfare in Government of Tamil Nadu, during 17.05.1993 to 09.05.1996. Hence, he fall under the definition of Public Servant. He along with his wife, had acquired properties beyond the known pecuniary resources, which were disproportionate to the extent of Rs.38,72,545/- during the check period between 16.06.1991 to 09.05.1996. A1 was tried for the offence under Section 13(2) r/w 13(1)(e) of Prevention of Corruption Act, 1988. The properties were acquired in his name, his wife name and in the name of his minor children mentioning his wife as guardian, therefore his wife (A2) was tried for aiding him to commit the offence.
Case Analysis and Judgment
The Civil Miscellaneous Application has been filed under Section 11 of Criminal Law (Amendment) Ordinance 1944, against the order made in Crl.O.P.No.2 of 1997, passed by the Principal Sessions Judge, Madurai, on 03.01.2001. Against the said order, the public servant, his wife and two children in whose name the attached property stand had preferred this Civil Miscellaneous Application. In view of the confirmation of the conviction and modification to the value of the property acquired by the accused by means of the offence, the order passed by the Principal Sessions Judge in Crl.O.P.No.2 of 1997, regarding forfeiting the properties mentioned in the annexure for recovery of Rs.35,25,136/- is confirmed with modification to the effect of recovering a sum of Rs.33,25,165/- instead of Rs.35,25,136/- with interest at the rate of 6% p.a from the date of interim attachment i.e., 06.03.1997, in Crl.M.P.No.1168 of 1997, which was made absolute by order of the Principal Sessions Judge, Madurai.
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