Final Order 3

Order Details: COPY OF ORDER
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MISC DJ ASJ NO. 257/2023
Kapil Gupta vs. CBI
FIR no. RC-DAI-2020-A-0006
U/s 120 (B)/420/406 IPC & 13(2) r/w 13 (1) (d) of PC Act
PS CBI, ACB, New Delhi.
18.10.2023
Present: Sh. Arvind Kumar, PP alongwith Pairvi Officer for
CBI.
Sh. Ajay Veer Singh, Sh. Shubham Singh, Sh. Uday
Ram Bokadia, Ms. Pragya Singh and Ms. Deepika
Jain, advocates for applicant.
Counsel for the applicant placed on record copy of the
compliance report dated 21.11.2020 which shows that the exact
locker number is 25-A. There is the typing mistake in the
application in which the locker no. 25 is mentioned.
Arguments on the application heard.
CBI in reply to this application has mentioned that this
locker no. 25-A maintained in Bank of Baroda, BRS Nagar
Branch, Ludhiana, Punjab which is in the name of Smt. Rajni
Gupta w/o Sh. Kapil Kumar Gupta, applicant has already been
checked, inventory of articles lying in this locker is already
prepared and nothing incriminating related to this case was
found. However, an objection is also raised that investigation is
in progress and articles of this locker cannot be released.
Record shows that earlier also predecessor of this court
vide order dated 23.11.2020 permitted the applicant to operate
the locker and collect the jewellery items lying in it but was
required to redeposit the same after two weeks because the items
of the lockers were required for marriage purposes. However,
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the locker could not be operated and the contents could not be
taken by the applicant at that time.
Now when the inventory of this locker is already prepared
mentioning therein details of 30 items lying in it, weighing
approximately 500 grams gold items and about 222 grams silver
items. CBI has already checked the date of purchase of those
items or the dates when were gifted and by whom etc. The
complete information about the contents of this locker is already
available with the CBI and now when as per reply nothing
incriminating pertaining to this case is found in this locker, so
mere objection that investigation is in progress cannot create a
ground to reject this application. Accordingly, this application is
allowed. The locker owner is permitted to operate this locker
No.25-A maintained in Bank of Baroda, BRS Nagar Branch,
Ludhiana, Punjab and also can use the jewellery items found in it
as per compliance report of the CBI.
The applicant is also permitted to dispose off those
jewellery items but photographs of the same should be taken
which can be called at any time either by the CBI or by this
court. Copy of this order be given dasti to the counsel for
applicant and one copy be sent to the concerned Bank Manager
of Bank of Baroda, BRS Nagar Branch, Ludhiana, Punjab by
email on supply of the email ID of this branch by the applicant.
This misc. file be consigned to record room.
(Ashwani Kumar Sarpal)
Special Judge (PC Act) (CBI)-08, RACC
18.10.2023
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