CENTRAL BUREAU OF INVESTIGATION Vs. RAM SWAROOP CHANDEL

JUDGEMENT

(1.) Present petition has been filed under section 397 read with section 401 Cr.P.C. on behalf of the petitioner (CBI) against the order dated 19.01.2019 passed by the learned Special Judge (PC Act), Tis Hazari Courts, New Delhi in case titled as "CBI vs. Ram Swaroop Chandel and Ors." in R.C. No.RC DAI 2018-A-0008, C.C. No.06/2018.

(2.) The present case bearing no. RC-DAI-2018-A-0008 was registered on the basis of a source information against Sh. Ram Swaroop Chandel (A-1), DGM (Technical), Delhi Milk Scheme, Delhi; Sh.Sudhir Khera (A-2) of M/s Tasty Dairy Specialities Ltd.; Sh. Ashok Kumar (A-3) of M/s Aman Dairy and unknown others under Sections 120-B IPC read with Section 7 and 12 of the Prevention of Corruption Act 1988. As per the allegations, Ram Swaroop Chandel (A-1) who was as DGM (Technical)/Manager Procurement, Delhi Milk Scheme, Delhi and used to supervise the procurement of milk through various agencies/ federations in U.P., Punjab, Haryana and Rajasthan besides local co-operative societies. The said accused was indulging in corrupt and illegal activities in connivance with various private parties to whom DMS has awarded contract supply of milk. Further, as per the allegations M/s. Tasty Dairy, Specialities Limited, owned/managed by Sh. Arpit Mehra, located at D-3, UPSIDC Industrial Area, Jainpur, Kanpur Dehat, U.P and Aman Dairy owned/ managed by Ashok Kumar (A-3) of Alwar are amongst two of the suppliers of milk to Delhi Milk Scheme (DMS). It is also alleged that Sudhir Khera (A-2) was associated with Tasty Dairy Specialities Limited and besides pursuing the matters of Tasty Dairy Specialities Limited, he has also been regularly liasioning on behalf of Sh. Ram Swaroop Chandel with other dairy owners including Sh. Ashok Kumar of Aman Dairy. Sudhir Khera (A-2) has been demanding illegal gratification for Ram Swaroop Chandel (A-1) in lieu of acceptance of substandard milk, facilitating hassle free acceptance of milk in DMS, getting excess supply approved for passing the pending bills and for awarding further milk supply contract to Ashok Kumar (A-3) of M/s Aman Dairies in the upcoming tenders of March 2018. Further, Sudhir Khera (A-2) retained a portion of the illegal gratification so collected from the milk suppliers for himself and balance amount of bribe was kept for Ram Swaroop Chandel as per his demand who periodically collected the aforesaid illegal gratification from Sudhir Khera, with whom he had official dealings. In furtherance to the conspiracy, illegal gratification has been provided to Sudhir Khera (A-2) by Ashok Kumar (A-3) of Aman Dairy on 27.02.2018 for making further payment to Ram Swaroop Chandel (A-1) in Delhi. A source information was received that Sudhir Khera (A-2) is likely to further deliver the installment of the illegal gratification collected from Ashok Kumar (A-3) of M/s Aman Dairy to Ram Swaroop Chandel (A-1) on 27.02.2018 at evening in Moti Nagar area of Delhi.

(3.) After registration of the case, a team of CBI officials and independent witnesses was constituted for laying the trap on 27.02.2018. At about 5:00 PM the trap was laid and Ram Swaroop Chandel (A-1) and Sudhir Khera (A-2) were apprehended and arrested from Moti Nagar, New Delhi. From the possession of Ram Swaroop Chandel (A-1), Rs.86,000/- (Rupees Eighty Six Thousand only) were recovered and Sudhir Khera (A-2) disclosed that he paid commission to accused Ram Swaroop Chandel after which the said amount was seized. During interrogation, Sudhir Khera (A-2) also disclosed that he was having some money with him as part of his commission which he had received from Ashok Kumar (A-3). Pursuant to his disclosure, a sum of Rs.26,500/- was recovered from his purse which amount was duly seized. Ashok Kumar (A-3) was thereafter apprehend and he admitted having paid Rs.1,12,500/- to Sudhir Khera (A-2) on 27.02.2018 near Naraina Industrial Area, Delhi for further payment to Ram Swaroop Chandel (A-1) as illegal gratification.