C.B.I.New Delhi vs Abhishek Verma

4. Facts in brief as per prosecution are as follows:

5. The allegation in the charge sheet was that Kulbhushan Parashar who was earlier working with Ravi Shankaran at Mumbai, started working with the respondent after he moved to Delhi. Kulbhushan Parashar was the Vice President of Atlas Defence System (ADS) and was interacting with the Ministry of Defence for various products including 2 MB PCM MUC multiplexing equipment for simultaneous transmission of subject, telegraph messages and data over point to point communication, Subscriber End Secrecy Device (SESD) and Terrestrial Trunk Radio (TETRA) and Aerostat. It has been stated that the respondent was closely associated with Atlas Group of Companies and also those which existed in India in the name and style of Atlas Interactive (India) Pvt. Ltd. and Page 3 of 15 M/s. One World Interactive India Pvt. Ltd. which had close links with foreign registered sister concerns M/s. Atlas Defence Systerms, Atlas Telecom Pvt. Ltd. U.K. The respondent was on the board of two other companies, viz., Atlas Interactive India Pvt. Ltd. (AIIPL) and One World Interactive India Pvt. Ltd. (OWIPL). Although the bids were made by M/s. Atlas Telecom Network (ATN) and ADS, the respondent was also stated to be associated with these companies and was monitoring the bids. The address of both these companies was also used by ADS and ATN. According to the CBI, ADS was a division of the Atlas Group which provided turnkey high speed aeronautical satellite communications solutions from highly secure military application.

7. The respondent was summoned by the CBI to join investigation. As the respondent couldn't reply satisfactorily, he was arrested on 21st July, 2006. On 22nd July, 2006 the CMM, Delhi remanded him to police custody. Aggrieved by the said order of the CMM, Delhi, the respondent filed a petition bearing Crl. M.C. No. 4231 of 2006 under Section 482 Cr.P.C. before the High Court of Delhi challenging the aforesaid order of the CMM, Delhi and prayed for his release forthwith. On a subsequent application, the High Court on 17th August, 2006 permitted the respondent to amend the prayer clause seeking quashing of the order dated 22nd July, 2006 and "all orders/proceedings consequent thereto in view of the subsequent developments".

9. The High Court in its common judgment and order dated 30th May 2008 disposed both the matters pending before it (i.e. Cr.M.C. No. 4231 of 2006 and Bail Application No. 2546 of 2007) by granting bail to the respondent on furnishing a personal bond in the sum of Rs. 10 lakh with two sureties in the like amount to the satisfaction of the trial court. Pursuant to the order of the High Court, the trial court enlarged the respondent on bail on 03.06.2008. The respondent, therefore, is presently on bail and there is no allegation that at any point of time subsequent thereto he has misused or mis-utilised the liberty granted to him.

(emphasis added)

18.The above-mentioned case succinctly explains the ambit of Section 3(2) of the OSA by stating that once the accused is found in conscious possession of the material then it would be presumed that such possession was for a purpose prejudicial to the interests of the State. Clearly, the said presumption under Section 3(2) of the OSA is a rebuttable presumption and the respondent will have an opportunity to rebut the same during the trial. Further, the case relied hereinabove by the appellant is clearly distinguishable as in the above-mentioned case the stage was that of post-conviction and has little bearing on the present one since in the present case, the evidence is yet to be adduced in the trial.

20.In view of the aforesaid discussion, we find no infirmity in the judgment and order passed by the High Court. We make it clear that whatever views and conclusion we have expressed in this order of ours are purely prima facie and for the limited purpose of finding out whether the impugned order of the High Court is sustainable or not. The trial court shall not in any manner be influenced by these observations of ours or that of the High Court made in the course of the order granting bail as all such observations are tentative in nature. The trial court would necessarily examine the evidence after it is led on their own merit and without being in any manner influenced by this order and also the order passed by the High Court granting bail. We, however, make it clear that if at any point of time there is any adverse allegation against the respondent regarding any misuse or abuse of the liberty granted to him and as and when an application is filed with such allegation seeking for cancellation of bail, the trial court shall deal with such contention and Page 14 of 15 prayer in accordance with law and pass such order as deem fit and proper.

21. Accordingly, the present appeals are hereby dismissed with the aforesaid observations.