Serious Fraud Investigation Office vs. Heera Gold Exim Private Limited And Ors. Etc

ITEM NO.32 COURT NO.2 SECTION II

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Criminal Appeal No(s). 761-762/2021

THE STATE OF TELANGANA REPBY SPECIAL OFFICER VANDHANA & ORS. Appellant(s)

VERSUS

M/S HEERA GOLD EXIM PRIVATE LIMITED & ORS. Respondent(s) (IA NO.187425/2022-DIRECTIONS IA NO. 187451/2022-INTERVENTION IA 189196/2022- EXEMPTION FROM FILING O.T)

WITH

W.P.(Crl.) No. 31/2020 (X) (IA NO. D.159905/2022-INTERVENTION IA NO. 189174/2022-IMPLEADMENT) IA NO. 189188/2022- DIRECTIONS

Date : 05-12-2022 These appeal/petition were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ABHAY S. OKA

For Appellant(s)	Mr. Ranjit Kumar, Sr. Adv.<br>Mr. A.S. Rawat, Sr. Adv.<br>Mr. Nikhil Rohatgi, Adv.<br>Mr. Ankit Shah, Adv.<br>Mr. Sadashiv, AOR
	Mr. R. Basant, Sr. Adv.
	Mr. S.Udaya Kumar Sagar, AOR
	Ms. Sweena Nair, Adv.
For Respondent(s)	Mr. Ranjit Kumar, Sr. Adv.
	Mr. A.S. Rawat,Sr. Adv.
	Mr. K.K. Tyagi, Adv.
	Mr. Manish Das, Adv.
	Mr. Ganesh Barowalia, Adv.
	Mr. Rajeev Kumar Bansal, AOR
	Mr. S.V. Raju, ASG
	Mr. Mukesh Kumar Maroria, AOR
	Ms. Sairica S. Raju, Adv.

Mr. Sughosh Subramayam, Adv. Mr. Zoheb Hussain, Adv. Mr. Ashutosh Ghade, Adv. Mr. Kanu Agrawal, Adv. Mr. Anmol Chandan, Adv. Ms. Swati Ghildiyal, Adv. Mr. Saroj Kumar Padhy, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Anand Dilip Landge, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya A. Pande, AOR Mr. Avineesh Jha, Adv. Mr. Sachin Patil, AOR Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Reegan S Bel, Adv. Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Adv. Mr. Shaik Mohamad Haneef, Adv. Mr. T. Vijaya Bhaskar Reddy, Adv. Mr. K.V. Girish Chowdary, Adv. Ms. Rajeswari Mukherjee, ADV. Ms. Niti Richhariya, Adv. Mr. Shubhranshu Padhi, AOR Mr. Vishal Banshal, Adv. Ms. Rajeshwari Shankar, Adv. Mr. Niroop Sukirthi, Adv. Mr. Ovais W., Adv. Mr. Vikrant Singh Bais, AOR Mr. Abhikalp Pratap Singh, AOR Mrs. Aagam Kaur, Adv. Mr. Karsin Manocha, Adv. Ms. Shreya Saxena, Adv. Mr. M. R. Shamshad, AOR Mr. Arijit Sarkar, Adv. Ms. Nabeela Jamil, Adv. Mr. Saleem Khan, Adv. Mr. Naresh Kumar, AOR Mr. Mohd Zahid Hussain, Adv. Mr. Camran Iqbal, Adv. Mr. Comred Iqbal, Adv. Ms. Abiha Abbas Rizvi, Adv.

Mr. Kamal Mohan Gupta, AOR Mr. Syed Mehdi Imam, AOR Mr. Tabrez Ahmad, Adv. Mr. Shane-ilahii-Turkey, Adv. Mr. J. Muzaffar, Adv. Mr. Shashibhushan P. Adgaonkar, AOR Mr. Omkar Jayant Deshpande, Adv, Mrs. Pradnya S. Adgaonkar, Adv. Mr. Dhyaneshwar Telange, Adv. Mr. Anuj Prakaash, Adv. Mr. Niraj Dubey, Adv. Mr. Anshuman Dwivedi, Adv. Mr. Kumar Mihir, AOR Mr. Ramesh Kumar Mishra, AOR Mr. Avinash Sharma, AOR Mr. Md. Rashid Saeed, AOR Md. Zaid, Adv. Mr. Vikas Singh, Sr. Adv. Mr. Aakarshan Aditya, AOR Mr. Vibhu Tiwari, Adv. Mr. Sadineni Ravi Kumar, AOR Mr. Gaurav Goel, AOR Ms. Sonam Sharma, Adv. Mr. Vishal Shrivastava, Adv. Mr. IO-B.Ramesh Narsimhan, SFIO Mr. A.K. Sharma, AOR For Intervenor(s) Mr. Hitesh Kumar Sharma, Adv. Mr. S.K. Rajora, Adv. Mr. Akhileshwar Jha, Adv. Ms. Niharika Dewivedi, Adv. Ms. Shweta Sand, Adv. Mr. Narendra Pal Sharma, Adv. Mr. E. Vinay Kumar, Adv.

UPON hearing the counsel the Court made the following O R D E R

IA NO. 189174/2022 IN W.P.(CRL.) No. 31/2020

Learned counsel for the applicants claim

title to 25 Acres and 5 guntas of land in Survey Nos. 41,174,177, 178, 179, 180/1, 181,182 and 211 situated at Tolichowki, Shailkpet Village and Mandal, Hyderabad District, Telangana State on the basis of an uncontested decree dated 19.11.2018. As to how the property is bounded is not clear as it only mentions Neighbour's property on three sides and a road on one side.

Learned counsel for the petitioners submits that these survey Nos. encompass a total property of almost 300 acres and thus the share of the applicants is really a non demarcated share. He submits that out of these 300 acres his clients own 7 acres and odd (31000 sq. yards) One of the question which arises is whether the survey Nos. mentioned at page 61 of the application really encompass much more property than the specified property area which would mean an unspecified area.

Learned counsel for the petitioner(s) seeks to file a plan of the area clearly specifying where their share of the property is along with revenue records. A similar exercise be undertaken even by the applicants.

Learned counsel for the petitioners has produced in Court in a sealed cover the different purchasers for different portions of the property, the total value of which is stated to be

4

Rs.641,37,38,000/- which should be good enough to deal with the claim received prior to the last date but there has been a sudden surge of the claimants as per learned ASG which would need to be verified.

We believe the revenue authorities should be assisting in this process and even qua the plots which are sought to be be sold by the petitioners, the plots be clearly demarcated. We make it clear that in case there is valid salable title, we will lift the order of attachment of the ED to facilitate realization of the amounts to deal with the claims of the claimants which have been verified. The document placed before us in a sealed cover be resealed and kept on record.

We may record the statement of learned counsel for the petitioners that the purchasers of the plots sought to be sold by the petitioners are aware of third party claims of the applicants and are still willing to pay the amounts.

Learned counsel for the petitioners has pointed out that an FIR No. 442/2022 dated 30.11.2022 was registered by the ED only for putting a Board for inviting applications which was only subject to the ED lifting the attachment as per the orders of this Court.

The proceedings in pursuance of the aforementioned FIR are stayed in the meantime.

5

List on 31.01.2023.

CRIMINAL APPEAL NOS. 761-762/2021

Application for exemption from filing O.T. is allowed.

It is pointed out that in pursuance to the last order, a fresh cut-off date till 30.11.2022 has been published and public notice given, pursuant whereto a large number of claims have been received. It is also stated that out of four tranches of report, three tranches of report have been received from the forensic lab.

It is also stated that the respondent(s) [petitioner(s) in the writ petition] have been assisting the ED.

In para 7 of the additional affidavit reimbursement of the cost being Rs. 3,26,225/- and also the cost of advertisement being Rs. 24,51,910/ mentioned in para 7.3 which are sought can be recovered from the amount already deposited.

List on 31.01.2023.

IA NO.187425/2022-DIRECTIONS IA NO. 187451/2022-INTERVENTION

Learned counsel for the applicant(s) seeks to withdraw these applications.

The applications are dismissed as withdrawn. However we are not precluding the applicant(s)

6

from approaching the respondent(s) [petitioner(s) in the writ petition] for necessary relief.

[CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)