RAVI SINHA & ORS versus THE STATE OF JHARKHAND

RAVI SINHA & ORS versus THE STATE OF JHARKHAND

Attachment orders made under Criminal Law (Amendment) Ordinance, 1944, can be made absolute and are not invalidated solely by the death of the accused; legal representatives, particularly those convicted or facing trial, cannot contest the continuation of attachment, and the Supreme Court should not interfere with...

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Parties
Appellant: Ravi Sinha; Respondent: State of Jharkhand
Jurisdiction
India
Judgment Date
05 October 2017
Procedural Posture
Criminal Appeal / Post Conviction Appeal Before Supreme Court
Outcome
Appeals dismissed
Legal Topics
Attachment of Properties, Proceeds of Crime, Procedural Effect of Accused's Death, Jurisdiction Under Article 136
Criminal Law Attachment of Properties Proceeds of Crime Procedural Effect of Accused's Death Jurisdiction Under Article 136

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Parties

Ravi Sinha

Appellant

State of Jharkhand

Respondent

Procedural Posture

Criminal Appeal / Post Conviction Appeal Before Supreme Court

Legal Issues

  1. 1 Whether attachment orders made under Criminal Law (Amendment) Ordinance, 1944 can be made absolute after the death of the accused
  2. 2 Whether properties acquired prior to alleged offences can be attached
  3. 3 Applicability of Sections 12 and 13 of the 1944 Ordinance after conviction and pending appeal

Ratio Decidendi

Attachment orders made under Criminal Law (Amendment) Ordinance, 1944, can be made absolute and are not invalidated solely by the death of the accused; legal representatives, particularly those convicted or facing trial, cannot contest the continuation of attachment, and the Supreme Court should not interfere with orders of attachment made absolute by the High Court and the Judicial Commissioner under Article 136.

Court Disposition

Appeals dismissed

Orders

  • Attachment orders made absolute by Judicial Commissioner confirmed
  • No interference under Article 136 of Constitution of India