Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc. DJ/ASJ/204/2022
Case FIR No. RC0502022A0005 dated 17.06.2022
PS : CBI, SCII, New Delhi
u/s 120B r/w 420 IPC and Section
13 (2) r/w 13 (1) (d) of Prevention of Corruption
Act, 1988
Sapna Agarwal Vs. CBI
31.10.2022
Present: Sh. Hardik Sharma, Advocate for applicant Sapna Agarwal.
Sh. Navneet Jawa, Substitue PP for CBI alongwith IO Inspector
K.K. Jha.
The applicant/accused Sapna Agarwal has moved the present
application for passing necessary orders and directions to the CBI for releasing her
Fixed Deposit Receipts (FDRs) seized during the search as conducted at her
residence in connection with the present FIR.
Reply to the application filed on behalf of the CBI. Copy supplied.
Ld. Counsel for the applicant submits that the Assistant Manager of
the Punjab National Bank, Mumbai filed a complaint dated 16.06.2022 before the
CBI which later culminated into the present FIR. Further, after registration of FIR,
CBI conducted the search at the residential premises of the applicant and her
husband Sh. Rajiv Agarwal at B802, Shagun Tower, General Ak Vaidya Marg,
Goregaon (E), Mumbai63 and during the entire search, applicant and her husband
cooperated with the CBI.
Ld. Counsel further submits that the CBI seized some articles as well
as the FDRs of the applicant (details whereof mentioned in para no. 5 of the
application) vide seizure memo dated 19.07.2022 (copy whereof enclosed
alongwith the application as Annexure2), despite the fact that she was not named
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as an accused in the present FIR. Further, CBI did not disclose the reason for
seizing the said FDRs. Further, said FDRs were got made by the applicant
through her own funds and there is no allegation against the applicant in the
present FIR.
Ld. Counsel further submits that applicant is the wife of Sh. Rajiv
Agarwal who was the Director of Dynamix Group of Companies for a brief period
in the year 2010. Further, the complainant bank had sanctioned the loan in the
year 2010 amounting to Rs. 102 Crores to M/s Pune Buildtech Pvt. Ltd.
(previously known as Dynamix Balwas Resorts Private Limited) and after the
alleged default, the loan has been settled and complete agree payment has been
made to the bank.
Ld. Counsel further submits that the applicant is in dire need of
money because her motherinlaw is suffering from heart ailment and needs
immediate surgery which will require approximately Rs. 25 lakhs. Further, no
purpose will be served to keep the aforesaid original FDRs of the applicant in the
custody of the CBI as the investigation in the present case is already over.
In view of the above submissions, Ld. Counsel prays to direct the
CBI to release the aforesaid FDRs.
Reply to the application has been filed on behalf of CBI. Ld.
Substitute PP for the CBI and IO opposed the application with the submission that
the investigation of this case is at crucial stage. Further, the FDRs seized during
investigation of this case are in the name of the applicant, however, the
investigation conducted so far has not revealed the source of funds of FDRs linked
to proceeds of crime.
Considering the submissions on behalf of both the parties, the
application is allowed. IO is directed to release the aforesaid FDRs to the
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applicant as mentioned in the seizure memo dated 19.07.2022, after taking their
photocopies.
Copy of this order be given dasti to ld. Counsel for applicant as well
as to the IO.
(Sameer Bajpai)
Special Judge (PC Act) CBI14
Rouse Avenue District Court,
New Delhi/31.10.2022
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Misc. DJ/ASJ/204/2022
Case FIR No. RC0502022A0005 dated 17.06.2022
PS : CBI, SCII, New Delhi
u/s 120B r/w 420 IPC and Section
13 (2) r/w 13 (1) (d) of Prevention of Corruption
Act, 1988
Sapna Agarwal Vs. CBI
31.10.2022 (At 3.55 pm)
Matter taken up again on the request of Sh. Hardik Sharma,
Advocate for the applicant Sapna Agarwal.
Ld. Counsel submits that he may be allowed to receive the FDRs
from the CBI office on behalf of the applicant.
As the vakalatnama on behalf of the applicant is of Sh. Talib Khan,
Advocate, the Ld. Counsel Sh. Hardik Sharma should not be allowed to receive the
FDRs.
Applicant may give a fresh vakalatnama as well as authority letter in
favour of Sh. Hardik Sharma or any other advocate for receiving the FDRs from
the CBI Office. Further, the applicant shall be joined by the Court through VC so
that her consent can be taken. To identify the applicant, the presence of the IO
through VC or physically will also be required. Although, the application has
already been disposed off, but considering the fresh prayer of the Ld. Counsel, the
same shall be taken up again on 03.11.2022. IO be notified accordingly.
Copy of this order be sent to IO for compliance.
(Sameer Bajpai)
Special Judge (PC Act) CBI14
Rouse Avenue District Court,
New Delhi/31.10.2022
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