Mrudul M Damle & Anr vs C.B.I.,New Delhi

2. Petitioners are husband and wife. While petitioner No.2-husband is currently posted as Assistant Commissioner, Central Excise, Customs and Service Tax at Vapi, Gujarat, petitioner No.1-wife is practicing as a Chartered Accountant in the State of Maharashtra. Both the petitioners are facing prosecution in Criminal Case No.45 of 2008 for offences punishable under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 read with Section 109 IPC. The said case was registered on 14th July, 2005 against the petitioner-husband on the basis of recovery of cash and other property in the course of searches conducted at his houses in New Delhi and Thane. The bank locker in the name of the petitioner No.1-wife was also seized in the course of the said search operations.

3. The prosecution case, it appears, is that the petitioner No.2-Milind Purushottam Damle while posted as Assistant Commissioner, Central Excise, Customs and Service Tax at New Delhi, has amassed assets disproportionate to the known sources of his income in his name and in the name of his family during the period 1.4.2000 to 2.2.2005. Upon completion of the investigation a charge-sheet was filed against the couple in which the prosecution charged the husband with the commission of offences punishable under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 while the wife was accused of abetment of the said offence punishable under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 read with Section 109 IPC. The charge-sheet in question was initially filed before the Special Judge, CBI cases, Patiala House, New Delhi but subsequently transferred to the Court of Special Judge, CBI cases, Rohini, New Delhi. The charge-sheet enlists as many as 92 witnesses to prove the prosecution case. It is not in dispute that 88 out of the said 92 witnesses are from the State of Maharashtra, most of them being either from Thane, Mumbai or Navi Mumbai districts while some are from Pune or Satara districts of that State. The remaining 4 witnesses cited at serial nos.62, 68, 91 and 92 of the charge-sheet are from Delhi. Two of the said four witnesses are said to be no longer in Delhi. The petitioners allege that they have been regularly attending the Court in Delhi ever since the charge- sheet was filed but not much progress has been made towards the conclusion of the trial so far. Petitioner No.1, who happens to be a practising Chartered Accountant in Thane, has apart from her professional commitments, responsibility towards her mother who is aged 75 years and who stays with her. Appearance of the said petitioner in Delhi would, therefore, cause inconvenience to her on personal, professional and even the family front. So also petitioner No.2 who is currently posted at Gujarat finds it extremely inconvenient to travel all the way to Delhi on every date of hearing. The petitioners assert that transfer of the case from Delhi to Thane would, in the above circumstances, not only be convenient to the two accused persons facing the trial but also to the witnesses cited by the prosecution who shall find it easier to appear for their deposition at Thane rather than travelling all the way to Delhi.

4. The petition has been opposed by the respondent who has filed a counter-affidavit sworn by Sr. Supdt. of Police, ACU-IV, CBI, New Delhi, in which the respondent has tried to justify the filing of the chargesheet in Delhi on the ground that petitioner No.2 was during the check period i.e. 1.4.2000 to 2.2.2005 posted at Central Excise, New Delhi as Assistant Commissioner w.e.f. 19th December, 2002 till the registration of the FIR. The counter-affidavit does not however dispute the fact that 88 out of 92 witnesses cited by the prosecution are from Maharashtra.

12. There is no gainsaying that a trial at Delhi in which witnesses are expected to travel from Maharashtra is bound to linger on for years. Expeditious disposal of the trial is also a facet of fairness of the trial and speedy trial is infact a fundamental right as observed by this court in Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar, Patna (1980) 1 SCC 81. When witnesses from distant places are sought to be summoned, early conclusion of the trial becomes so much more difficult apart from the fact that the prosecution will have to bear additional burden by way of travelling expenses of the official and non-official witnesses summoned to appear before the Court.

13. In the result, we allow this petition and transfer Criminal Case No.45 of 2008 entitled C.B.I v. Mrudul Milind Damle & Anr. pending in the Court of Special Judge, CBI Cases, Rohini Courts, New Delhi to the Court of Special Judge, CBI Cases, Court of Sessions at Thane, Maharashtra. The record of the case shall be forthwith transferred to the transferee Court which shall take up the matter and dispose of the same as expeditiously as possible.