(Prayer: Criminal Revision Case is filed under Sections 397 and 401 of Code of Criminal Procedure, to call for the records pertaining to the Order passed in Crl.M.P.No.24/2024 dated 26.03.2024 by the learned Special Judge of the Special Court for the Trial of Cases under the Prevention of Corruption Act, Chennai and set aside the same as illegal, erroneous and perverse and to return the Locker Key bearing No.1290 seized by the respondent in Account No.061501000000115 in Indian Overseas Bank, Vellankoil Branch, Erode District.)

1. The petitioners/A3 & A4 have filed a petition under Section 451 Cr.P.C in Crl.M.P.No.24 of 2024 in Crime No.5/AC/2023/CC-IV before the learned Special Judge, Special Court for the cases under Prevention of Corruption Act at Chennai (trial Court) seeking to return the Locker Key No.1290 and permit the petitioner to operate the Locker No.1340 whenever needed maintained in Indian Overseas Bank, Vellankoil Branch, Erode. The trial Court vide impugned order dated 26.03.2024 dismissed the said petition, against which, the present criminal revision case is filed.

2. Gist of the prosecution case is that one Rameswaramurugan/A1, a public servant previously posted as Joint Director (Secondary), School Education, Chennai and, presently posted as Secretary, Teachers Recruitment Board, Chennai. A3 & A4 (petitioners), A2, A5 & A6 are the father, mother, wife, father-in-law and mother-in-law of the public servant/A1 respectively. Based on the complaint of Mr.Abdul Malik, from Sivagangai District, the Director of Vigilance and Anti Corruption ordered to conduct preliminary enquiry vide Memorandum No.PE 92/2021/EDN/HQ dated 06.10.2021. Accordingly, preliminary enquiry conducted, final opportunity notice dated 02.05.2023 issued seeking reply, no reply received, hence, FIR in Crime No.05/AC/2023/CC-V registered for offence under Sections 13(2) r/w 13(1)(e) of Prevention of Corruption Act, 1988 and Section 109 of IPC against the said accused for possession of disproportionate assets to the known sources of income by A1 in his name and in the name of his family members A2 to A6 during the check period from 01.04.2012 to 31.03.2016 to the tune of Rs.3,89,21,626/- which calculated to be 354.66% over and above the known sources of income of A1 and his family members. During investigation, it revealed that A2 is a housewife and, has no independent source of income except rental income. A3/petitioner and A4, father and mother of A1 are farmers having no independent source of income except agriculture income. A5 and A6, father-in-law & mother-in-law have no independent source of income except some rental income.

3. A search was conducted in the house of the petitioners, Locker Key No.1290 seized, on enquiry, it revealed that the petitioners were having a joint locker facility in Account No.061501000000115 (Locker No.1340 & Locker Key No.1290) at Indian Overseas Bank, Vellankoil Branch, Erode, thereafter, inventory taken, valued and the operation of the Locker No.1340 curtailed. Thereafter, the petitioner filed a petition under Section 451 Cr.P.C before the trial Court in Crl.M.P.No.24 of 2024 in Crime No.5/AC/2023/CC-IV and the same was dismissed by the impugned order.

4. The learned Senior Counsel appearing for the petitioners submitted that the 1st petitioner is a pawn broker since 1968 onwards holding pawn broker license No.11/68. The jewels and valuable articles pledged by pawnees are kept in the Locker No.1340 for safe custody by the 1st petitioner. The respondent on 23.11.2023 on obtaining search warrant opened the Locker No.1340 with Locker Key No.1290 in presence of the petitioners (A3 & A4), A2, Bank Manager and Appraiser of Indian Overseas Bank, Mr.Vivekanandan, Vigilance and Anti Corruption, Erode and Mr.T.Senthilkumar, Clerk, HR & CE and took inventory of articles found in the locker. In the inventory, it is recorded that gold jewels strapped with pawn chit confirming the jewels are pawned jewels by the pawnees with the description of jewel, weight and pawned amount. The 1st petitioner furnished explanation to the respondent on 13.12.2023 for pledged jewels found in the Locker No.1340. Some of the pawnees examined all confirmed 1st petitioner is the pawn broker doing business from the year 1968 onwards. In fact the pawn license obtained in the 1968 even before the birth of A1 who later became a public servant. The respondent is making witch-hunt under the guise of investigation harassing the petitioners who are aged about 90 years and 84 years respectively. In fact, Tahsildar enquired confirmed the 1st petitioner is a licensed pawn broker with license No.11/68 and his license periodically renewed. In support of his submissions, the learned Senior Counsel produced the license renewed by the Tahsildar, Gobichettipalayam periodically up to 2021, thereafter, due to COVID-19 pandemic, there was a break in renewal and, further the petitioners are in advanced stage of life and having a fragile health condition with restricted movements, almost resiled to their fate.

5. He further submitted that the pawnees approached the 1st petitioner to redeem the pledged jewels and valuables. Due to restriction imposed, the petitioners are unable to return the jewels to pawnees, hence, there is disgruntlement and the petitioners' image in the public gets tarnished for not returning the jewels for no fault of them. In support of his submissions, the petitioners produced Income Tax Returns, Pawn License, Investor List and prayed for allowing the revision.

6. The learned Additional Public Prosecutor filed status report and submitted that the petitioners are the parents of the prime accused/A1, a public servant. Based on the complaint of Mr.Abdul Malik, who is from Sivagangai District, the Director of Vigilance and Anti Corruption ordered to conduct preliminary enquiry vide Memorandum No.PE 92/2021/EDN/HQ dated 06.10.2021. Accordingly, preliminary enquiry conducted and a regular case in Crime No.05/AC/2023/CC-V registered for offence under Sections 13(2) r/w 13(1)(e) of Prevention of Corruption Act, 1988 and Section 109 of IPC finding that apart from the public servant/A1, his family members A2 to A6 abetted A1 in commission of the offence. A2 to A6 are the abettors and the check period is from 01.04.2012 to 31.03.2016. During investigation, the Inspector of Police, Vigilance and Anti Corruption, Erode Detachment conducted search in the house of the petitioners situated at Door No.2/46, Bazaar Street, Vellankoil, Siruvaloor Post, Gobichettipalayam Taluk, Erode on 12.10.2023 and seized the Locker Key No.1290. The investigation revealed that the petitioners maintaining locker facility at Indian Overseas Bank, Vellankoil Branch, Erode in Locker No.1340 and Locker Key No.1290 in Account No.061501000000115). On 23.11.2023, the Locker No.1340 opened in presence of official witnesses viz., Bank Manager, Appraiser, the petitioners and A4, Mr.Vivekanandan, Vigilance and Anti Corruption, Erode and Mr.T.Senthilkumar, Clerk, HR & CE. During the search of Locker No.1340, gold articles weighing about 938.7 grams, silver articles weighing about 59 grams, for which, inventory mahazar prepared in the presence of the petitioners, A4 and official witnesses. After taking inventory, the said articles again kept inside the Locker No.1340 in the presence of official witnesses viz., Bank Manager, Appraiser, the petitioners and A2.

7. He further submitted that though the Account No.0601501000000115 is only operated by the 2nd petitioner/A4, but the Locker No.1340 attached with the above account were jointly operated by the petitioners as per the bank documents. The 1st petitioner is having pawn broking license No.11/68. On 11.12.2023, a letter containing list of articles Serial Nos.1 to 162 handed over in person to A1 who is the only public servant and the remaining A2 to A6 private individuals, on 11.12.2023 a letter was addressed to A1 to offer his explanation for the articles/valuables found in the Locker No.1340. Further, the copy of the letter was handed over to the petitioners to give their explanation for the articles/valuables found in the Locker No.1340, as the locker was in the name of the 2nd petitioner/A4 and the locker operated by both petitioners. On 13.12.2023 a reply received from the 1st petitioner without any details regarding the jewels found in Serial Nos.1 to 162. The 1st petitioner vaguely stated that “As I stated in my earlier explanation that it is pawn broking business locker, but no were he has produced any record for the same as per the Tamil Nadu Pawn Broking Act 1943 which states like 1.Date of pledge, 2.Name of the Mortgager, 3.Address of the Mortgager, 4.Article Pledged, 5.Description of articles pledged, 6.Value of the articles pledged, 7.Loan amount given, 8.Time agreed for redemption of pawn, 9.Loan Repayment receiving dates, 10.Rate of interest charged, etc.” It has to be ascertained whether jewels belong to the 1st petitioner or the pledgers. Only by going through the records or the documents, the same can be ascertained. Neither A1 nor the petitioner submitted any receipt or other details regarding pledging details of the jewels till date. This causes suspicion on the petitioners' claim and it has to be ascertained only during investigation.

8. He further submitted that on 11.12.2023 the 1st petitioner was called to give detailed reply, for which, the 1st petitioner not submitted any detailed reply till date. Only if the 1st petitioner gives detailed reply, then the ownership of the jewels found in the Locker No.1340 can be ascertained. Now the investigation is pending. Moreover the petitioners not produced any valid documents to prove their claim. Further, small bits of papers found wrapped around the jewels shows that the year involved are very long from 2004. But the petitioners are reluctant to produce the pledge book for investigation purpose. He further submitted that the search jabitha has only the details of the jewels, with weight, date of pledge and name of individuals with village who pledged the jewels. These details mentioned in a white color paper which was wrapped around the jewel. There is no proper pawn broker receipt or pledge book which has to be maintained in every pawn broker business. The pledger book is required to confirm the ownership of the jewels found in the locker. Even after repeated request, the petitioners refused to produce any documents, but approaching the Court for return of Locker Key No.1290 belongs to Locker No.1340.

9. It is further submitted that since the petitioners are not co-operating with the investigation and wantonly trying to create commotion among the villagers and create law and order situation. All documents pertaining to the jewels if handed over to the Investigating Officer by the petitioners at the earliest to verify the authenticity of the owner of the jewels, appropriate decisions can be taken by the Investigating Officer.

10. This Court considered the rival submissions and perused the materials available on record.

11. The petitioner/A3 is doing pawn broker business with license No.11/68 even before the birth of his son A1, a public servant. The petitioners are parents of the public servant/A1 and they are arrayed as abettors in this case. On 23.11.2023, the Locker No.1340 opened in presence of Bank Manager & Appraiser of Indian Overseas Bank, Vellankoil Branch, Erode, the petitioners (A3 & A4), wife of public servant (A2), Mr.Vivekanandan, Vigilance and Anti Corruption, Erode and Mr.T.Senthilkumar, Clerk, HR & CE. During the search of Locker No.1340, gold articles weighing about 938.7 grams, silver articles weighing about 59 grams found and inventory mahazar prepared. The articles found in the inventory are as follows:





















12. The 1st petitioner might have not followed Section 10 of Tamil Nadu Pawn Brokers Act, 1942, but he is in pawn business, in the rural area, primarily based on the public faith, social status and financial capability of the pawner. In this case, the pawnees' identity is not seriously disputed. From the jewels found in Locker No.1340, it is seen that pawn receipts strapped along with the jewels, giving date of pledging jewels, pawnees' name, weight of articles and pledged amount. The same is recorded in the inventory list pertaining to Loker No.1340.

13. It is seen that the pawn items were kept inside the Locker No.1340 in four yellow colour cotton bags. In the first bag, 34 items found, of which, Serial Nos.5, 24 & 32 alone pledged during the check period. Likewise, in the second bag, 58 items found, out of which, Serial Nos.2, 8, 9, 11, 15, 17, 18, 19, 22, 27, 30, 31, 32, 36, 40, 41, 42, 44, 45 & 55 were pledged during the check period. In the third bag, 42 items found, of which, Serial Nos.1, 5, 6, 8, 9, 15, 16, 18, 22, 23, 24, 25, 28, 29, 34, 39, 40, 42 were pledged during the check period and in the fourth bag, 28 items found, of which, Serial Nos.15, 16, 18, 25, 29 & 28 were pledged during the check period. Most of the items are pledged after the check period and some before the check period except the items mentioned above. Eventhough the 1st petitioner not followed Rule 10 of Tamil Nadu Pawn Brokers Act, 1934, as stated above but the jewels inside the Locker No.1340 are found strapped with the details viz., date of pledging of jewels, name of pawnee, weight of articles and pledged amount. Added to it, the pawnees are approaching the 1st petitioner that they are ready to redeem this jewels and requested for return of the jewels.

14. In view of the above, the respondent/Investigating Officer shall identify the named persons (paweens) recorded in the inventory, conduct enquiry and, if found the pledged jewels and claim are genuine, they may be permitted to redeem the jewels and valuables. The respondent/Investigating Officer shall not stand on technicality even though the 1st petitioner not followed Rule 10 of Tamil Nadu Pawn Brokers Act, 1942.

15. Considering the period of pawn business from the year 1968 and the age of the petitioners, the respondent/Investigating Officer to complete the above said exercise of verification and handing over the jewels to the pawnees without further delay, preferably within a period of sixty days from the date of receipt of a copy of this order.

16. It is made clear that identification and handing over of jewels, all to be recorded and to form part of the case records. It is for the Investigating Officer to get satisfied and take a decision whether the pawn transition value to be taken when calculating the disproportionate assets.

17. In the result, this Criminal Revision Case stands allowed setting aside the impugned order dated 26.03.2024 in Crl.M.P.No.24 of 2024 in Crime No.5/AC/2023/CC-IV passed by the learned Special Judge, Special Court for the cases under Prevention of Corruption Act at Chennai. Consequently, connected Criminal Miscellaneous Petition is closed.