K N AGGARWAL Vs. STATE

JUDGEMENT

(1.) By this application filed under section 438 code of Criminal Procedure, the petitioner seeks grant of anticipatory bail against apprehended arrest for the various offences alleged to have been committed him in respect of FIR/Crime No. 1 (SIG) (S)/90 dated 25th May 1990

(2.) According to the First Information Report, the date and time of occurrence is "1989 and earlier", the name of the complainant or the informant is "official records, source information and press correspondents.'., and besides the petitioner the accused are (I )Sh.K.L. Verma, Former Director, Directorate of Enforcement, Government of India, New Delhi; (2) Sh. A.P. Nandi, Deputy Director, Directorate of Enforcement; New Delhi; (3) Sh. Chandraswamy @ Hem Chand; (4) Mr. Larry Kolb, U.S.- National; (5) Mr. George D. Maclean, Former MD, First Trust Corporation Ltd, now settled in Canada and other public servants and private persons. It is alleged that accused persons have committed various offences but, for the present, this court is to consider only offence under section 468 Indian Penal Code as admittedly all other offences mentioned in the FIR are bailable.

(3.) The First Information Report is a fairly lengthy document. The FIR is a sequel to publication of a news 'item in some -newspapers alleging that an account No. 29479 with First Trust Corporation Ltd.,' St. Kitts had been opened in the name of Sh. Ajay Singh S/o Sh. V.P. Singh in which the later was shown as beneficiary and the visit of Sh. A.P. Nandi to USA and St. Kitts and submission of a report by him on return from the said countries. Reference is made in FIR, inter-alia, to the visit of A.P. Nandi to Miami and New York in U.S.A. and St. Kitts and after return to the submission of his report on 9th 0ctober l989 to Directorate of enforcement with which he enclosed the statements of four persons including Mr. Maclean and other persons mentioned in the FIR. According to his report Nandi stated that it was "confidential clear" that the .account in question was being maintained by Sh. Aj'ay Sing with Sh. V.P. Singh as beneficiary. He is said to have added that he had arrived at this conclusion on the basis of statements of four persons and the documents. The FIR records that it is learnt that no such account was opened by Ajay Singh at St. Kitts. The illegal acts/overt facts attributed to the petitioner are :