Order 57

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SPECIAL JUDGE:
PC ACT (CBI) - 04, ROUSE AVENUE COURTS, DELHI
IA No. 02/2026
CNR No. DLCT11-000190-2022
CBI Vs. Kuldeep Singh and Ors.
(Applicant Dheeraj Kumar)
CBI No. 30/2022, RC No. DAI-2022-A-0002
PS CBI/ACB, New Delhi
U/s 120B IPC r/w 7 of PC Act 1988
21.09.2026 (At 4:00 PM)
O R D E R: (IA No. 02/2026)
1. This order shall decide the application filed by the
applicant/complainant Sh. Dheeraj Kumar seeking release
of trap money on superdari.
2. The brief facts essential for disposal of the present
application are that the applicant has filed a complaint
dated 17.01.2022 alleging demand of illegal gratification
of Rs 20,000/- by the accused Kuldeep Singh. Pursuant to
the same, a trap was laid on 18.01.2022. It is stated in the
application that the applicant had handed over a sum of Rs
20,000/- as trap money during investigation. The said
money was recovered from accused no. 2 and was seized
by the investigating agency and the details of the same was
duly recorded in the recovery memo. It is submitted that
the character of the said trap money has been preserved by
recording the recovery memo, panchnama, photographs
and other such documents. It is submitted that the
applicant is ready to furnish the suitable undertaking as
directed by the Court and the currency notes cannot be
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kept into the custody for indefinite period as the same
would not be serve any useful purpose. It is submitted that
in these circumstances, the amount of Rs 20,000/- be
directed to be released to the complainant subject to the
conditions as would be imposed by the Court.
3. Reply to the present application has been filed by the CBI.
It is submitted that the tainted money is a case property
which is duly exhibited during trial. Same cannot be
released to the complainant. However, an equivalent
amount may be leased to him by CBI if he agrees to enter
into an agreement with CBI that he will not claim the
amount on final disposal of the case and the amount would
go to CBI for deposing back in the government exchequer.
4. I have heard and considered the contentions and perused
the record.
5. Copy of the reply was supplied to the
complainant/applicant who has submitted that he has no
objection in entering into an agreement with CBI as
required. No objection has been raised to the present
application on behalf of the accused persons.
6. The issue regarding release of money was
comprehensively discussed by Hon'ble High Court of
Delhi in
Manjeet Singh vs. State, Crl. MC No. 4485/2013
dated 10.09.2014, wherein it has been held, “
The currency
notes seized by the police may be released to the person
who, in the opinion of the Court, is lawfully entitled to
claim after preparing the detailed panchnama of the
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currency notes with their number or denomination; taking
photographs of the currency notes; and taking a security
bond”.
7. The issue of release of trap money was specifically dealt
with recently by the Hon’ble High Court of Karnataka in
Sri G. Eshwaraiah Vs CBI, Crl. Appeal No. 9560 of 2026
decided on 10th August 2026 where it was held that
complainant who arranges trap money to expose
corruption cannot be made to wait years for its return.
While original notes may have to be retained as material
evidence, an equivalent amount can be restored to
complainant without affecting evidentiary integrity. In the
said case the Court permitted the complainant filing of
application under Section 497 and 503 BNSS for release of
equivalent amount.
8. In present case also, the complainant has already been
examined and the tainted currency notes have been
exhibited during evidence. Prosecution evidence is
concluded. The applicant has stated that he is ready to
enter into an agreement with the CBI as required. In these
circumstances, no prejudice will be caused to the
prosecution if equivalent amount is released.
9. In view of the above discussions and the facts &
circumstances of the case, CBI is directed to pay an
equivalent amount of trap money i.e. Rs.20,000/- to the
complainant Deeraj Kumar, thereby keeping the trap
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money intact for the purpose of trial proceedings/
evidence, whenever required.
10. The complainant is directed to furnish an Undertaking to
the effect that he shall not claim the trap money amount of
Rs.20,000/- in future. IO/ HIO concerned shall take
appropriate steps in this regard for compliance of this order
as early as possible under intimation to this Court. The
application stands disposed off in the aforesaid terms.
11.Copy of order be sent to the IO/ HIO concerned for
information and necessary compliance.
12. Dasti copy be provided to the Complainant.
Application be tagged with the main file.
(Dr. Sugandha Aggarwal)
Special Judge, PC Act, CBI-04
Rouse Avenue District Courts,
New Delhi:21.09.2026
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