ANUP KUMAR SRIVASTAVA Vs. CBI

JUDGEMENT

(1.) These three bail applications under Section 439 Cr.PC read with Section 482 Cr.PC have been preferred by petitioners Dr. Anup Kumar Srivastava, Lallan Ojha and Hemant Gandhi for grant of bail in respect of criminal case registered against them under Sections 7,8,10, 12,13(2) read with Section 13(1)(d) of Prevention of Corruption Act read with Section 120B IPC in case number RC-AC 120/2A. All these bail applications are being disposed of by this common order as they are interconnected and the stand of CBI in all these applications is common.

(2.) Briefly stating the facts are that Hemant Gandhi was acting as a middleman for accused Dr. A.K. Srivastava and Lallan Ojha, who were respectively posted as Commissioner and Superintendent of Central Excise at the relevant time. The allegations are that they were involved in obtaining illegal gratification by corrupt and illegal means from the businessmen. Further the allegations are that they had conspired to conduct an unauthorized raid at the business premises of Dalip Aggarwal and Anand Aggarwal. It was alleged that in furtherance of the conspiracy accused Hemant Gandhi had shown the premises of Aggarwals to Lallan Ojha on the evening of 27.12.2011 and it was decided to conduct a raid on the morning of 28.12.2011. In the process a team of officials of Central Excise led by accused Lallan Ojha conducted surprise raid at the godown premises of Dalip Aggarwal and Anand Aggarwal on 28.12.2011 under the overall supervision and control of accused Srivastava. Then they negotiated with Aggarwals for an illegal gratification for not taking any action and made an initial demand of Rs.2 crore which was ultimately finalized at Rs.60 lac. A sum of Rs.40 lac was received in cash and a cheque of Rs.20 lac was issued by Aggarwals as security for the remaining amount of bribe. Out of the said amount, a sum of Rs.3 lac was paid to Ojha as his share and the said amount was given on 2.1.2012 to his driver who kept the same in the dickey of the car parked at his office at ITO. Accused Lallan Ojha was apprehended and got recovered Rs.2,96,500/- from the dickey of his car. His driver confirmed that this money was delivered to him by an unknown person at the instance of Ojha.

(3.) Investigation revealed that various phone calls were made by these accused persons to each other and they were in constant touch with each other after they held a meeting on 27.12.2011. During investigation, statements of drivers of Lallan Ojha and that of Hemant Gandhi were recorded under Section 164 Cr.PC and they both confirmed that the packet containing Rs.3 lac belonged to accused Lallan Ojha and was given by the driver of accused Hemant Gandhi to the driver of Ojha. The said amount was found to be Rs.2,96,500/-. It is stated that the difference in the amount is due to shortage of currency notes in the packet. During investigation, statement of Superintendent, Central Excise Mr. S.K. Singh, who also formed part of the raiding team, was recorded under Section 164 Cr.PC. He also stated the raid to be unauthorized and conducted by Lallan Ojha at the instance of A.K. Srivastava. He also stated having received a sum of Rs.20 lac from Anand Aggarwal on the directions of Lalaj Ojha and later on having given the same to Hemant Gandhi for delivering the same to Srivastava. Statement of one Mahender Kapur was also recorded under Section 164 Cr.PC. He admitted business relations with Hemant Gandhi and that he had lent Rs.9 lac to Hemant Gandhi as temporary loan. He stated that a sum of Rs.7.50 lac was returned by Hemant Gandhi on 30.12.2011. He had got recovered Rs.6 lac from his friend Subash Sapra to whom he had given the same out of the said amount of Rs.7.50 lac.