Property attachment order set aside

Justice G. Sri Devi of Telangana High Court had set aside an order issued by First Additional Special Judge for SPE and ACB cases attaching flat of a person whose father was facing a corruption case.

A software engineer Vaidya Aditya, was the petitioner in the case. In 2018, Anti-Corruption Bureau (ACB) officials registered a criminal case against his father V. Vara Prasad (who was additional district judge then) accusing him of acquiring assets disproportionate to his known sources of income.

During further investigation, the ACB filed a petition seeking attachment of the properties belonging to Mr. Prasad’s family members. In 2020, the ACB special court judge passed an order attaching properties of the family members of the accused judicial officer. Among the attached assets was a flat in Kondapur.

Mr. Prasad’s son Aditya moved an application before the special court judge claiming that the flat in Kondapur belonged to him and his father had not contributed in any manner to purchase it.

The special court judge orally observed that such claims would be considered during course of the trial. Questioning the judge’s observation, Mr. Aditya filed the criminal appeal petition.

The judge pronounced that documents furnished by the petitioner clearly showed that the flat was purchased by him with his own funds. “There is no record to show that that father of the appellant (Aditya) has contributed any amount to purchase the said property,” the verdict said.

The judge observed that the ACB should not have brought the flat for interim attachment without making any exercise to analyse the income sources of Aditya.

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Printable version | Sep 23, 2022 1:04:40 pm | https://www.thehindu.com/news/cities/Hyderabad/property-attachment-order-set-aside/article34120854.ece