IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3885 OF 2004. CRIMINAL APPLICATION NO. 3885 OF 2004. CRIMINAL APPLICATION NO. 3885 OF 2004. Mohammed Chand Mulani, Age: 60 years, Occ.: Retired, r/o.C/o.Lalbi Chand Mulani, House No.767, Besides Aroh Mangal Karyalaya, Ambegaon Road, Datta Nagar, Katraj, Pune-46. (At present lodged at Yerwada CeNtral Prison, Pune.). ... Applicant. Versus. 1. The Union of India, through C.B.I. 2. The State of Maharasthra. .... Respondents. Shri A.P.Mundargi, Senior Counsel i/by Shri Shreyansh Mithare for the Applicant. Shri Raja Thakare with Shri A.M.Chimankar for the Respondent No.1. Shri A.S.Gadkari, A.P.P. for the Respondent No.2. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATED : 19th & 20th October, 2005. DATED : 19th & 20th October, 2005. DATED : 19th & 20th October, 2005. ORAL JUDGMENT. 1. Submissions of the learned Counsel appearing for the parties were heard on the last date. This is an application for bail made by the Applicant who was at the relevant time an Assistant Commissioner of Police at Pune. The offence is relating to printing of : 2 : counterfeit stamp papers and sale thereof in different parts of the country. This offence had threatened the economy of the country. The principal accused in this case is Abdul Karim Telgi, who will hereinafter be referred to "the said Telgi". The allegation of the prosecution is that the counterfeit stamps and the machinery used for printing the stamps worth Rs.2189 crores has been seized by the Police and the investigating agency. The prosecution has applied various sections of the Indian Penal Code and the Prevention of Corruption Act, 1988 against the accused in the present case. Later on charge under sections 3(2) and 24 of the Maharashtra Control of Organized Crime Act, 1999 was added. On 7th June 2002, FIR was registered at Bund Garden Police Station, Pune on the basis of recovery of fake stamps and stamp tickets from an Indica Car. Considering the facts of the case, the provisions of the MCOC Act were applied to the case. On 2nd November 2002, the investigastion was entrusted to a Special Investigating Team constituted by the State Government. Later on the investigation was entrusted to C.B.I. 2. Before referring to the submissions made by the learned Counsel appearing for the parties, it will be : 3 : necessary to refer to the general nature of allegations in the supplementary charge sheet with which we are concerned in this application, which are as under: 28. As a consequence of the continuing unlawful activities of sale of Counterfeit Govt. Stamps and Stamp Papers, three criminal cases were registered against kingpin AKL Telgi (A-23) and his associates viz. CR No.302/95 PS Cuffe Parade, CR No.355/95 PS MRA Marg and CR No.382/95 PS Cuiffe Parade all of which were related to sale of Counterfiet Govt. Stamps and Stamp Papers and as a consequence thereof the Govt.Stamp Vending License issued to AKL Telgi (A-23) was cancelled on 21.06.95 by Shri Radheshyam Mopalwar, the then Collector of Stamps. 29. Investigation conducted by CBI further disclosed that it was during this period that AKL Telgi (A-23) had started threatening complainant of one of the cases and it is revealed during investigation : 4 : that AKL Telgi (A-23) had a close contact with R.S.Sharma (A-60) who was Jt.Commissioner (Crime), Mumbai. On account of the active connivance of the police personnel working under RS Sharma (A-60) the then Jt.Commissioner of Police (Crime), Mumbai AKL Telgi (A-23), Telgi continued to indulge in unlawful activities of the sale of Counterfeit Govt. Stamps and Stamp Papers and remained at large even though his Anticipatory Bail was rejected by Bombay High Court as is evident from the statement of witness Shri Radheshyam Mopalwar, the then Supdt.of Stamps, Mumbai. 63. In carrying out unlawful activities of the Organized Crime Syndicate in the aforementioned manner kingpin AKL Telgi (A-23) and the members of the Organized Crime Syndicate also used violence, threat of violence, intimidation and coercion and other unlawful means with objective of gaining pecuniary benefits or other advantage to himself and to the members of his Organized Crime Syndicate. This is : 5 : evident from the fact that one Christopher, a member of the Organized Crime Syndicate, who was working at Chennai office, was done to death at Mumbai over the issue of financial disputes of the Organized Crime Syndicate, Suraj Shridhar Bhutki (A-41), Kadarsha Mohd. Singoti (A-8), Pramod Mahadev Janvekar (A-37) and Shekar Dilip Janvekar (A-38) have in their confessional statement also deposed about the use of violence, threat of violence, intimidation and coercion in the working of the Organized Crime Syndicate. 64. While continuing these unlawful activities, While continuing these unlawful activities, While continuing these unlawful activities, it was also necessary to ensure that the it was also necessary to ensure that the it was also necessary to ensure that the Organized Crime Syndicate was given the Organized Crime Syndicate was given the Organized Crime Syndicate was given the necessary protection and immunity from necessary protection and immunity from necessary protection and immunity from legal punishment and with that objective in legal punishment and with that objective in legal punishment and with that objective in mind AKL Telgi (A-23 developed contacts mind AKL Telgi (A-23 developed contacts mind AKL Telgi (A-23 developed contacts with Politicians and Public Servants and with Politicians and Public Servants and with Politicians and Public Servants and subverted them and went to the extent of subverted them and went to the extent of subverted them and went to the extent of sharing the booty from out of the illgotten sharing the booty from out of the illgotten sharing the booty from out of the illgotten gains of the Organized Crime Syndicate. gains of the Organized Crime Syndicate. gains of the Organized Crime Syndicate. During the period that AKL Telgi (A-23) was : 6 : in Central Prison, Bangalore the present case came to be detected and registered, despite having made initial attempts from the Central Prison, Bangalore through the members of his Organised Crime Syndicate to sabotage the Investigation, which is evidence by the fact that Manoj Ramesh Mehta (A-43) was camping in Pune Hotel Pride on 07.06.02 and AKL Telgi (A-23) had sent Rs.5 lacs through Tabrez Ahmed Abdul Rahim Telgi (A-64) to Manoj Ramesh Mehta (A-43), who was the mediator and who had even on previous occasions acted as such. Though, the case came to be registered on Though, the case came to be registered on Though, the case came to be registered on 7th June 2002, with a view to sabotage the 7th June 2002, with a view to sabotage the 7th June 2002, with a view to sabotage the investigation an officer closely associated investigation an officer closely associated investigation an officer closely associated with the investigation viz. ACP Mohd.Chand with the investigation viz. ACP Mohd.Chand with the investigation viz. ACP Mohd.Chand Mulani (A-61) was subverted through Abdul Mulani (A-61) was subverted through Abdul Mulani (A-61) was subverted through Abdul Rashid S.Kulkarni (A-49), and was paid an Rashid S.Kulkarni (A-49), and was paid an Rashid S.Kulkarni (A-49), and was paid an amount of Rs.15 lacs as illegal amount of Rs.15 lacs as illegal amount of Rs.15 lacs as illegal gratification. gratification. gratification. Similarly, huge amounts were paid to scuttle the investigation in Mumbai cases against the members of the Organized Crime Syndicate through Dilip P.Kamath (A-44) as elaborated in this : 7 : charge sheet. Also, in a case registered in the year 1999 as PS Meera Road, vide CR No.274/99 an amount of Rs.50,000/- was paid through Pratap Kakade (since deceased) to subvert the police officers and scuttle the investigation and indeed, though the Investigating Team could discover the printing press from where the Counterfiet Govt. Stamps and Stamp Papers were being printed did not take any measures to seize or seal the press. Similarly, on 20.05.02 an amount of Rs.15 lacs was arranged to be paid through Kadarsha Mohd. Singoti (A-8) by AKL Telgi (A-23) to Vashishta Rambhau Andhale (A-55) for ensuring that no legal action whatsoever is initiated against the members of the Organized Crime Syndicate, who had in fact been found with Counterfeit Govt.Stamps and Stamp Papers. 65. Investigation has revealed the acquaintance of Ranjitsingh B.Sharma (A-60) right since the year 1995 and therefore while acting as Commissioner of Police, Pune although he was sounded regarding subversion of Mulani, : 8 : who was associated with the investigation of this case, by ACS, Home, Maharashtra Shri Ashok Basak. As a part of conspiracy Mohd. Chand Mulani (A-61) was not promptly neutralized coupled with his interrogation of AKL Telgi (A-23) to the exclusion of other senior officers of Pune Police. He took charge as Commissioner of Police, Mumbai in January 2003 with full knowledge of the immense activities of the Organized Crime Syndicate of AKL telgi (a-23). His failure to ensure immediate neutralization of Dilip P.Kamath (A-44), an officer closely associated with the investigation of various cases against AKL Telgi (A-23) and the members of the Organized Crime Syndicate, even after the input received from Shri S.K.Jaiswal DIG, Pune and ADG Shri R.Srikumar of STAMPIT, Bangalore, points towards his subversion by the Organized Crime Syndicate, as his actions exhibit the help and support to the Organized Crime Syndicate rendered by Ranjitsingh Brahmajitsingh Sharma (A-60) through Dilip Pandurang Kamath (A-44) for : 9 : ensuring the continuing unlawful activities. 340. Investigation has further disclosed that as a result of the conspiracy hatched by AKL Telgi (A-23) and Abdul Rashid Kulkarni (A-49), this accused was visiting Pune and staying in Hotel Swan-In, Pune. Mohd. Mohd. Mohd. Chand Mulani (A-61) had gained control over Chand Mulani (A-61) had gained control over Chand Mulani (A-61) had gained control over investigation and was supervising the same investigation and was supervising the same investigation and was supervising the same under orders of Addl.CP, Pune and Abdul under orders of Addl.CP, Pune and Abdul under orders of Addl.CP, Pune and Abdul Rashid Kulkarni (A-49) was in contact with Rashid Kulkarni (A-49) was in contact with Rashid Kulkarni (A-49) was in contact with him at Pune. In this capacity Mohd. Chand him at Pune. In this capacity Mohd. Chand him at Pune. In this capacity Mohd. Chand Mulani (A-61) was aware about the arrested Mulani (A-61) was aware about the arrested Mulani (A-61) was aware about the arrested persons, witnesses examined and also persons, witnesses examined and also persons, witnesses examined and also details of likely arrests and other facts details of likely arrests and other facts details of likely arrests and other facts of the case and had also issued a large of the case and had also issued a large of the case and had also issued a large number of written instructions to ISP, number of written instructions to ISP, number of written instructions to ISP, Banks, purchasers of stamp papers etc. to Banks, purchasers of stamp papers etc. to Banks, purchasers of stamp papers etc. to produce documents etc. and was hence produce documents etc. and was hence produce documents etc. and was hence playing an important role in investigation. playing an important role in investigation. playing an important role in investigation. After being successful in establishing After being successful in establishing After being successful in establishing contacts and visiting the office of contacts and visiting the office of contacts and visiting the office of Mohd.Chand Mulani (A-61), this accused Mohd.Chand Mulani (A-61), this accused Mohd.Chand Mulani (A-61), this accused tried to subvert the investigation from tried to subvert the investigation from tried to subvert the investigation from : 10 : reaching a logical end and in this reaching a logical end and in this reaching a logical end and in this connection towards the last week of August connection towards the last week of August connection towards the last week of August 2002 as a part of the said criminal 2002 as a part of the said criminal 2002 as a part of the said criminal conspiracy, Mohd. Chand Mulani (A-61), conspiracy, Mohd. Chand Mulani (A-61), conspiracy, Mohd. Chand Mulani (A-61), Abdul Rashid Kulkarni (A-49), and Shri Abdul Rashid Kulkarni (A-49), and Shri Abdul Rashid Kulkarni (A-49), and Shri V.K.Gunjal met at Residency Club Pune where V.K.Gunjal met at Residency Club Pune where V.K.Gunjal met at Residency Club Pune where Abdul Rashid Kulkarni (A-49) paid an amount Abdul Rashid Kulkarni (A-49) paid an amount Abdul Rashid Kulkarni (A-49) paid an amount of Rs.15 lacs in cash to Mohd. Chand of Rs.15 lacs in cash to Mohd. Chand of Rs.15 lacs in cash to Mohd. Chand Mulani (A-61) as a consideration for Mulani (A-61) as a consideration for Mulani (A-61) as a consideration for rendering help to the unlawful activities rendering help to the unlawful activities rendering help to the unlawful activities of Organized Crime Syndicate by showing of Organized Crime Syndicate by showing of Organized Crime Syndicate by showing favour in the instant case. Thus, Mohd. favour in the instant case. Thus, Mohd. favour in the instant case. Thus, Mohd. Chand Mulani (A-61) was a direct recipient Chand Mulani (A-61) was a direct recipient Chand Mulani (A-61) was a direct recipient of funds from the Organized Crime Syndicate of funds from the Organized Crime Syndicate of funds from the Organized Crime Syndicate of AKL Telgi (A-23) for showing various to of AKL Telgi (A-23) for showing various to of AKL Telgi (A-23) for showing various to AKL Telgi (A-23) for facilitating his AKL Telgi (A-23) for facilitating his AKL Telgi (A-23) for facilitating his unlawful activities. unlawful activities. unlawful activities. 345. Investigation has established that mobile no.98216 88148 was used by Abdul Rashid Kulkarni (A-49) and communicated with AKL Telgi (A-23) when he was in the custody of Crime branch, Unit-V, Dharavi, Mumbai. The analysis of the said mobile phone has revealed as under:- : 11 : Mobile No.used by Call made to other No. accused accused. Kulkarni and its period. ------ ------------- ----------------------- 98216 88148 R.S.Kulkarni AKL Telgi : Mohile No.98216 88158 (Number of calls 56) Total No. 01.11.02 Kiran of calls to Thakkar : Mohile No.98210 07701 418 25.11.02 (Number of calls 9 and 6 on land line) Crime Branch Dharavi (Lane Line) 24028787 (Number of calls 6) Belgaum No.0831475559 (Number of calls 5) Balgalore Calls 96 on Telephone No.2910256 - 4 calls, 2910074 - 6 calls, 2911023 - 4 calls, 2910420 - 7 calls, 2263783 - 10 calls, 3223946 - 42 calls, 5581660 - 10 calls numbers. --------------------------------------------------------------- . Thus the analysis of the mobile telephone clearly shows that even while in Mumbai Abdul Rashid Kulkarni (A-49) was in constant contact with AKL Telgi A-23) as well as with Crime Branch officials. 435. As regards the role of Mohd. Chand Mulani As regards the role of Mohd. Chand Mulani As regards the role of Mohd. Chand Mulani (A-61) at Pune, his role has been found (A-61) at Pune, his role has been found (A-61) at Pune, his role has been found similar to role played by Dilip Pandurang similar to role played by Dilip Pandurang similar to role played by Dilip Pandurang Kamath (A-44) at Crime Branch, Mumbai. An Kamath (A-44) at Crime Branch, Mumbai. An Kamath (A-44) at Crime Branch, Mumbai. An analysis of various cases registered outside analysis of various cases registered outside analysis of various cases registered outside : 12 : Maharashtra also reveals that AKL Telgi Maharashtra also reveals that AKL Telgi Maharashtra also reveals that AKL Telgi (A-23) had utilized services of similar type (A-23) had utilized services of similar type (A-23) had utilized services of similar type of police officers at Delhi, Chennai, of police officers at Delhi, Chennai, of police officers at Delhi, Chennai, Hyderabad and Bangalore and had subverted Hyderabad and Bangalore and had subverted Hyderabad and Bangalore and had subverted them to facilitate the continuation of on them to facilitate the continuation of on them to facilitate the continuation of on going unlawful activities of carrying out going unlawful activities of carrying out going unlawful activities of carrying out the printing, transportation, storage and the printing, transportation, storage and the printing, transportation, storage and sale of counterfeit Govt. Stamps and Stamp sale of counterfeit Govt. Stamps and Stamp sale of counterfeit Govt. Stamps and Stamp Papers. Papers. Papers. 436. What is most important is that ACP MC Mulani What is most important is that ACP MC Mulani What is most important is that ACP MC Mulani (A-61) tried to subvert the investigation (A-61) tried to subvert the investigation (A-61) tried to subvert the investigation from reaching a logical end and in this from reaching a logical end and in this from reaching a logical end and in this connection towards the last week of August connection towards the last week of August connection towards the last week of August 2002 as a part of the said criminal 2002 as a part of the said criminal 2002 as a part of the said criminal conspiracy, this accused, Abdul Rashid conspiracy, this accused, Abdul Rashid conspiracy, this accused, Abdul Rashid Kulkarni (A-49) and Shri V.K.Gunjal met at Kulkarni (A-49) and Shri V.K.Gunjal met at Kulkarni (A-49) and Shri V.K.Gunjal met at Residency Club Pune where Abdul Rashid Residency Club Pune where Abdul Rashid Residency Club Pune where Abdul Rashid Kulkarni (A-49) paid an amount of Rs.15 lacs Kulkarni (A-49) paid an amount of Rs.15 lacs Kulkarni (A-49) paid an amount of Rs.15 lacs in cash to this accused as a consideration in cash to this accused as a consideration in cash to this accused as a consideration for rendering help to the unlawful for rendering help to the unlawful for rendering help to the unlawful activities of Organized Crime Syndicate by activities of Organized Crime Syndicate by activities of Organized Crime Syndicate by showing favour in the instant case. Thus, showing favour in the instant case. Thus, showing favour in the instant case. Thus, this accused was a direct recipient of funds this accused was a direct recipient of funds this accused was a direct recipient of funds from the Organized Crime Syndicate of AKL from the Organized Crime Syndicate of AKL from the Organized Crime Syndicate of AKL : 13 : Telgi (A-23) for showing favours of AKL Telgi (A-23) for showing favours of AKL Telgi (A-23) for showing favours of AKL Telgi (A-23) for facilitating his unlawful Telgi (A-23) for facilitating his unlawful Telgi (A-23) for facilitating his unlawful activities. activities. activities. The Applicant herein who was at the relevant time Assistant Commissioner of Police, Pune, came to be arrested on 4th December 2003. After initial remand to the Police Custody, the Applicant is now in judicial custody. Initial investigation was carried out by the officers of Bund Garden Police Station, Pune. Thereafter investigation was taken over by the Special Investigating Team and subsequently under the orders of the Apex Court, the investigation has been taken over by the C.B.I. The last supplementary charge sheet was filed by the C.B.I. on 26th July 2005. 3. The learned Senior Counsel appearing for the Applicant has invited my attention to the relevant part of the charge sheets as well as the documents produced along with the charge sheets. The submission of the learned Counsel appearing for the Applicant is that the Applicant was never in-charge of the investigation of the crime which was registered by Bund Garden Police Station. In fact the entire investigation was being supervised by the Additional Commissioner of Police : 14 : (Crime-I), Pune and at the relevant time one Shri Mushrif was holding the said post. He submitted that note sheets which are produced by the prosecution indicate that the note sheets were perepared for reporting by the police officers to the superior officers about the investigation done by the investigating officer and the note sheets cannot be converted into a substantive piece of evidence. He relied upon the observations made by the Apex Court while deciding the case of Ranjitsing Brahmajeetsing Sharma v/s. State of Mahrashtra and another, reported in JT 2005 (4) SC 123, and submitted that even the Apex Court observed that Shri Mushrif was keen to see that the charge sheet should not be filed against the relatives of Telgi. He submitted that the Apex court found that it was Mushriff who was responsible for the entire investigation and he was supervising the investigation. He submitted that the Applicant had no control over the investigation. He submitted that even going by the version of the prosecution witnesses, a sum of Rs.15 lakhs was allegedly accepted by the Applicant for the purpose of giving certain facilities to Telgi. He submitted that acceptance of an amount of Rs.15 lakhs is not sufficient to establish nexus of the Applicant with the organised crime activity of the organized crime : 15 : syndicate headed by the said Telgi. He submitted that there is no substance in the allegation of the prosecution that at the instance of the Applicant the names of some of accused were not reflected in the first charge sheet. He submitted that the record shows that there was inaction on the part of the P.I. Prakash Deshmukh. He submitted that there is a vast difference between the role played by the Accused No.44, who is another Police Officer Dilip Kamath and the Applicant. He submitted that even taking the statements of the prosecution witnesses as it is, it cannot be said that the Applicant has aided and abetted the organized crime syndicate of the principal accused Telgi. He submitted that the Applicant came into the picture long after Telgi was put under arrest by the Bangalore Police and the said Telgi was never released on bail. He submitted that as there was no material to show that the Applicant has abetted the offence, in the light of the Judgment of the Apex Court in Ranjit Sharma’s case, at the highest what can be said is that section 24 of the MCOC Act will be attracted and the maximum punishment under section 24 of the MCOC Act is three years. He submitted that the Applicant has been in custody from 4th December 2003 and almost two years have passed and there is no possibility of an early conclusion of the trial. On this ground : 16 : alone the Applicant is entitled to be enlarged on bail. He submitted that apart from the offence under section 24 of the MCOC Act, the offence which might have been committed by the Applicant is under the provisions of the Prevention of Corruption Act, 1988. He submitted that after objective consideration of the material on record, it is impossible to say that the Applicant can be convicted for the offence punishable under the MCOC Act on the basis of such material. 4. Shri Thakare appearing for the Investigating Agency has taken me through the statement of various witnesses. During the course of the submission Shri Thakarey tendered on record the alleged transcript of conversation recorded in C.D.No.3 between the co-accused Kulkarni and the principal accused Shri Telgi. The said C.D.No.3 is a part of conversation intercepted and recorded by STAMPIT, Banglore during the period when the said Telgi was lodged in a prison at Banglore. He submitted that the investigating agency has relied upon the tapes handed over by the Bangalore Police and the Special Investigating Team from Karnataka. He pointed out that copies of the transcript of the tape recorded conversion have been produced before the learned Sessions Court in a sealed envelop. He pointed that the : 17 : telephonic conversation and the statement of the relevant witnesses clearly show the involvement of the Applicant. He submitted that there is enough primafacie material to hold that the Applicant consciously