STATE CBI Vs. ASHOK KUMAR AGGARWAL

JUDGEMENT

(1.) This is a petition under Section 482 read with Section 401 of the Code of Criminal Procedure (for short 'the Code') on behalf of the Central Bureau of Investigation (for short 'CBI') for quashing the order dated 29.1.2000 of the Special Judge, Delhi, in Case No. RC S18199 E 0001 (pending investigation). The brief facts of the case, as stated by the petitioners in their petition, are as follows :

(2.) A Criminal case bearing FIR No. RC S18 1999 E 0001 was registered on 29.1.99, in SIU-VIII branch of Central Bureau of Investigation, S.P.E. under Section 120-B read with Sections 193, 467 & 471 Indian Penal Code against unknown officials of Delhi Zone of Enforcement Directorate New Delhi, on the basis of a written complaint of Sh. Abhijit Chakarvertty, Addl. Director, Enforcement Directorate, New Delhi.

(3.) It is alleged in the complaint that the Delhi Zonal office of the Enforcement Directorate had Conducted a search on 01.01.98 at the office and residential-premises of one Sh. Subhash Chandra Barjatya. During the searches, the officers of the Enforcement Directorate seized a FAX message from one of the shop of Sh. Barjatya. The fax massage was a debit advice, purportedly from Swiss Bank Corporation, Zurich, Switzerland which reflected a debit of US $ 1,50,000/- from the account of Royalle Foundation, Zurich, Switzerland to the account of on Sh. S.K. Kapoor, holder of account No. 002-9-608080 Hong Kong & Shanghai Banking Corporation, as per the advice of the customer viz. Royalle Foundation. Thereafter, Sh. Barjatya had filed a complaint dated 04.01.98 addressed to the Director Enforcement wherein he alleged that:-