AIR 1960 PUNJAB 351 ::62 Pun LR 296 ::ILR (1960) Pun 687

Punjab High Court

Hon'ble Judge(s): D. Falshaw, G. L. Chopra , JJ

(A) Criminal Law (Amendment) Ordinance (38 of 1944) , — Validity - Ordinance does not contravene Art.14 of the Constitution. The Criminal Law Amendment Ordinance (1944) provides for preventing the disposal or concealment of money or other property procured by means of certain offences namely, offences under S. 161 or 165 of the Penal Code, and offences u/S.406 or u/S.409, u/S.411 or u/S.414, and u/S.417 or u/S.420, Penal Code, where the money or property in question which has been embezzled, stolen or obtained by false pretence is Government money or property. These cases constitute easily recognisable classification. The object is to freeze money or property improperly obtained by a Government servant in his official capacity or money or property belonging to the Government regarding which an offence is alleged to have been committed so that on the conclusion of the case, in the event of the conviction of the accused, the money or property is available for immediate restoration to the Government. The Ordinance does not in anyway contravene provisions of Art. 14 of the Constitution. (B) Criminal Law (Amendment) Ordinance (38 of 1944) , S.4— Offence in relation to property - Notice u/S.4 to show cause why ad interim order of attachment in respect of that property should not be made absolute - Art.20....