Indu Singh v. Central Bureau Of Investigaiotn (Jaipur) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6974/2018 INDU SINGH ..... Petitioner Through:

Ms Meena Devi, Mr Manish Malik, Mr Ashok Kumar Dhull and Mr jai Subhash Thakur, Advocates.

versus CENTRAL BUREAU OF INVESTIGAIOTN (JAIPUR) & ANR ..... Respondents Through:

Mr Anupam S. Sharma, SPP for CBI with Mr Prakash Airan, Advocates for R-1.

Mr H. S. Parihar and Mr K. S.

Parihar, Advocates for RBI/R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 09.07.2018 CM No.26412/2018 1.

Allowed, subject to all just exceptions.

W.P.(C) 6974/2018 2.

The petitioner has filed the present petition, inter alia, praying as under:- "A. Issue a writ of mandamus or any other appropriate writ of direction to Respondent no. 1 to write down the serial no. of each currency notes kept in the locker no. 190 of Canara BankSDA Branch, New Delhi. B. Issue a writ of mandamus or any other appropriate writ of

direction to Respondent no. 2 to R.B.I. - Assistant Manager to accept the old currency notes and exchange them with new currency notes which are lying in the locker no.190 of Canara Bank - SDA Branch, New Delhi."

3.

The petitioner is the widow of deceased Shri G. V. Singh. It is stated that on 03.02.2010, a search was conducted in the premises of the petitioner and her husband, by the officers of respondent no.1. During the search, several documents as well as the key to the locker maintained with Canara Bank, SDA Branch, New Delhi was seized. On 03.01.2012, an application was moved by the deceased husband of the petitioner under Section 457 CrPC, before the concerned court, (Special Judge, CBI, Jaipur) which was allowed.

4.

The husband of the petitioner expired on 25.06.2012 and thereafter, the petitioner moved an application before the concerned court (Special Judge, CBI, Jaipur) requesting for release of the articles, which were lying in the locker no.190, Canara Bank, SDA Branch, New Delhi. The said application was allowed by the Special Judge, CBI, Jaipur by an order dated 11.09.2017 and the petitioner was permitted to, inter alia, operate the locker in question.

5.

The said locker was opened in the presence of the officers of respondent no.1 and 984 notes in the denomination of `1000/- and 1615 notes in the denomination of `500/- were found in the said locker. Since the said currency notes have been demonetized, the petitioner is unable to realise its value.

6.

The learned counsel appearing for the petitioner referred to Specified Bank Notes (Deposit of Confiscated Notes) Rules, 2017, which permits

deposits of the specified bank notes (demonetized currency) in certain cases. Rule 2 of the said Rules permits deposits of the notes provided that the concerned person produces the direction of the Court to deposit or exchange such specified bank notes of the serial number that have been noted by the law enforcement agency, which confiscated or produced them before the Court. Further, the same is also request to mentioned in the direction of the Court.

7.

In view of the above, it would be necessary for the petitioner to approach the concerned court (Special Judge, CBI, Jaipur) for obtaining the necessary orders in this regard. However, it is also seen that the concerned enforcement agency is also required to note down the serial number of the demonetized notes.

8.

In view of the above, the present petition is disposed of with a direction to respondent no.1 to take the necessary steps for noting down the numbers of the currency notes in question - 984 notes in the denomination of Rs 1000 and 1615 notes in the denomination of Rs. 500 (old currency). This would be without prejudice to all rights and contentions of the parties. Respondent no.1 shall produce the serial numbers of the aforesaid currency before the concerned court as and when required. 9.

The petition is disposed of leaving it open for the petitioner to take further steps before the concerned court (Special Judge, CBI, Jaipur). VIBHU BAKHRU, J JULY 09, 2018 MK