R S NAGARWALA Vs. STATE

JUDGEMENT

(1.) On May 24, 1971, at about 12 noon, Ved Prakash Malhotra, Chief Cashier of the State Bank of India, Parliament Street, New Delhi, was sitting in his room as usual. He received a telephone call purposing to be from Shri Haksar, Principal Secretary to the Prime Minister, informing him that the Prime Minister needed Rs. 60 lacs for Bangia Desh and he should make arrangements for that amount. He was also told to keep the matter as 'Top Secret', and should bring out the amount himself. Since Malhotra was a bit hesitant, the caller asked him to talk to the Prime Minister herself. Thereafter, a female voice purporting to be that of the Prime Minister told him to bring the money out of the .bank himself and rand it over to the courier who should be recognised by the exchange of the Code words divulged to Malhotra. Malhotra was further assured that he would get the necessary voucher and receipt. Accordingly, Malhotra asked the Deputy Chief Cashier to bring the money from the strong room. Shri R.P. Batra, the Deputy Cashier, went to the strong room at about 12.30 p.m. and told Ruhel Singh, Deputy Head Cashier, that the Chief Cashier was to make a payment of Rs. 60 lacs lying in a box and that he should sign the cash book. Rohel Siagh signed the cash book and demanded a voucher for the same. He was told that he would get the voucher from Malhotra. After some time, Malhotra came there along with two cash coolies who took the box with him. Malhotra placed the box in the car of the bank bearing registration number DLK. 760 and left the bank premises. On Parliament Street near the Bible House, Malhotra was met by R.S. Nagarwala who represented himself to be the courier sent by the Prime Minister. He also gave the code words and so Malhotra, being assured that he was the courier who was talked about on the telephone, took him in the car and proceeded to Sardar Pel Marg. Near the Taxi Stand Nagarwala told Malhotra that he was required to proceed to aerodrome and he should go to the residence of the Prime Minister and obtain the necessary receipt. A taxi was sent for and the box was transferred to that taxi. Nagarwala with that box left in the taxi bearing registration number DLT 1622.

(2.) Malhotra went to the Prime Minister's residence and failing to get an access to the Prime Minister went to the Parliament House. After making various unsuccessful attempts to meet the Prime Minister, he came across Shri Haksar, and when Malhotra asked for the receipt for the amount in question he was told that no such demand was made by the Prime Minister or any one else on her behalf. Malhotra there upon immediately contacted the senior officers of the police who were available near about and apprised them of the facts and the circumstances in which he had been cheated. Meanwhile Nagarwala with the box reached Defence Colony and left it at the house of his friend, N.B. Captain at No. 277-A, Defence Colony. He ultimately proceeded to Parsi Dharamshala where he was staying.

(3.) In the meantime, Rohel Singh, Deputy Head Casheir, asked Shri R.B. Bafra for the voucher two or three times. He was assured that he would get the voucher soon. Since neither the voucher was given to him nor Malhotra had returned to the bank for a considerable time, he brought the fact to the notice of his superiors. Thereafter, he made a report to the police giving the details of the box containing the currency notes worth Rs. 60 lacs. The police officer, to whom Malhotra had narrated the facts, took immediate necessary steps to alert the police and started trekking down Nagarwala. He ultimately succeeded in locatig Nagarwala at Parsi Dharamshala and thereafter succeeded in recovering Rs.59,95,000.00from Defence Colony. Nagarwala was arrested under Section 419/420 Indian Penal Code.