State Through Central Bureau Of ... vs Anup Kumr Srivastava

(b) The chargesheet dated 29.02.2012 was filed in the Court of Special Judge, Patiala House Court, New Delhi for framing of charges wherein it was alleged that on 28.12.2011, a team of officials of Central Excise, Delhi-I, lead by Lallan Ojha, Superintendent, conducted an illegal raid at the premises of Dilip Aggarwal and Anand Aggarwal at Najafgarh 2 Road, New Delhi. It was further alleged in the chargesheet that the respondent herein through one Hemant Gandhi (private person) negotiated with the owners of the premises for illegal gratification in lieu of not taking any action against them and finalized the bribe amount of Rs. 60 lakhs to be paid to the above named private person. The private person was in regular touch with the owners of the premises and received Rs. 20 lakhs in cash along with a cheque of Rs. 20 lakhs as security for the remaining amount from them. Further, the private person was in regular touch with the officials of the Excise Department as well and he actually negotiated with them including the respondent herein for some concession in the amount on behest of the owners. In the whole process, the private person worked as a middleman and conveyed the illegal gratification fixed to the respondent herein.

(c) The investigation further revealed that as per the intercepted conversation received from Special Unit, CBI, Delhi, the respondent herein was in regular contact with Hemant Gandhi through telephone and also through personal meetings who used to organize illegal searches under the 3 directions and protection of the respondent herein through other officials of the Department.

12) It is the case of the prosecution that on 28.12.2011, a team of officials of the Central Excise Department led by Lallan Ojha, Superintendent, conducted an illegal raid at the premises of Dilip Aggarwal and Anand Aggarwal at 71/7, A-4, First Floor, Najafgarh Road Industrial Area, New Delhi. Further, Lallan Ojha, in conspiracy with respondent herein and Hemant Gandhi and others negotiated with the owners of the premises for illegal gratification in lieu of not taking any action against them and finalized the bribe amount of Rs. 60 lakhs to be paid by them through the private person. The factum of the said raid was telephonically conveyed by Lallan Ojha to the respondent herein through Hemant Gandhi. Hemant Gandhi was in regular touch with the owners of the premises and received a huge amount of Rs. 20 lakhs in cash along with a cheque signed by Anand Aggarwal for Rs. 20 lakhs as security for the remaining amount of illegal gratification. Hemant Gandhi also spoke to Lallan Ojha and the respondent herein for some concession in the amount. 9

13) The investigation further revealed that as per the intercepted conversations received from Special Unit, CBI, Delhi, the respondent herein was in regular touch with Hemant Gandhi over phone and also through personal meetings for the last 6-7 months and Hemant Gandhi got arranged illegal searches under the directions and protection of the respondent herein in order to collect illegal gratification from the parties so raided. The entire conversation shows that search was conducted with the sole motive of obtaining illegal gratification and the owner of the premises were pressurized to obtain illegal gratification and final settlement was arrived at for an amount of Rs. 60 lakhs. The investigation further revealed that Hemant Gandhi was acting as the middleman of the respondent herein for collection of illegal gratification by scouting for his known businessmen who could be raided and illegal gratification could be extracted from them. The fraudulent nature of the search as well as the entire motive for collection of illegal gratification is said to be established through intercepted conversations of Hemant Gandhi, Lallan Ojha and the respondent herein. The private person-Hemant 10 Gandhi is said to have informed telephonically about the recoveries during the search, success of the mission and the settlement of Rs. 60 lakhs in a cryptic language by saying “mission successful” and “six zero” and the same was acknowledged by the respondent herein by saying “ok”.

Conclusion:

26) In view of the foregoing discussion, the appeal filed by the CBI is liable to be dismissed and is, accordingly, dismissed. However, it is made clear that the present conclusion is confined only to the disposal of this appeal and the trial court is free to decide the case on merits with regard to other accused persons.

AUGUST 4, 2017.