GURUCHARAN SINGH Vs. DIRECTOR OF CBI

JUDGEMENT

(1.) This is a petition, filed by the petitioner, seeking a direction to the CBI to register an FIR and initiate action on the basis of the complaints purported to have been made by the petitioner, copies of which are annexed as Annexures P1 to P4 to the petition. It has been further prayed that the petitioner be given security so that the petitioner's life is saved. During the course of the submissions, Mr.Ramesh Gupta, learned senior counsel, appearing on behalf of the petitioner, prayed that a writ of mandamus be issued to the CBI to register an FIR on the basis of the complaint and initiate an investigation into the matter and bring the guilty to the book.

(2.) Briefly, stated the facts of the case are that the petitioner/complainant is alleged to have made a written complaint on 13.01.2004 to the Director, Central Bureau of Investigation, wherein allegations have been made against one Gurcharan Singh of M/s.D.Paul Consumer Benefit Ltd., alleging that he was dealing in Hawala transaction of money, which was being used for the purpose of anti-national activities. In the complaint, several allegations were made against the accused, Gurcharan Singh. It is alleged, in the complaint, that he met the accused in the year 1997, who was engaged in moneychanger business in the name and style of M/s.D.Paul Consumer Benefits Ltd. and M/s.D.Paul Departmental Stores Ltd. In the year 1998, the accused informed the petitioner that he wanted to start the business of exporting foreign currency to Dubai. The petitioner and the accused had gone to Dubai and later the petitioner sent foreign currency for Hawala purpose to Dubai and Singapore. It is alleged that the petitioner had given a loan of Rs.20 Lacs to the accused in the year 1999 but the same had not been repaid to him. It is also alleged that in April, 2000 the accused had asked the petitioner to work for him in the money changing business. The petitioner started working for the accused from May, 2000. Sale and purchase memos were exchanged between the firms of the accused and the petitioner and the cheques were issued to complete the transactions through the bank. It is also alleged that, at the instance of the accused, the petitioner had delivered foreign currency so generated to Sh.Thakur and Sh.Sunil, well-known Hawala operators of Delhi, collected cash from them, and in turn delivered it to the accused. Such activities continued till October 2000 and within five months there was exchange of foreign currency to the tune of Rs.60 crores approx. and equivalent foreign exchange was sold in hawala market. The accused had asked the petitioner neither to inform purchase and sale of currency to RBI nor to reflect it in the Books of Account. It has also been alleged that the accused has been exporting huge foreign currency to Hong Kong, London, Singapore, etc. It is further alleged that the accused gave life threats to the petitioner and his family.

(3.) The matter had come up for hearing for the first time on 03.09.2004, when notice was issued to the respondents and they were directed to file the status report. The CBI has filed three status report on 09.12.2004, 21.08.2006 & 27.01.2010.