ATUL GOEL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner has preferred the present petition under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as =Cr.P.C.') against order dated 27.01.2014 passed by learned Special Judge-IV, CBI (PC Act), Tis Hazari Courts, Delhi whereby order on charge was passed and, accordingly, charges for the offence under Sections 120B/109 IPC read with Section 13(1)(e) and 13(2) of Prevention of Corruption Act (hereinafter referred to as =PC Act') were framed.

(2.) Brief facts of this case as borne out from the charge sheet are that accused Ashok Kumar, the then Deputy Commissioner, MCD, Sadar Paharganj Zone, New Delhi during the course of his service had amassed assets disproportionate to his known sources of income. The accused had done so in conspiracy with other co-accused persons who had also abetted commission of the said offence. During the check period of 06.07.1979 till 20.09.2000, accused Ashok Kumar had amassed disproportionate assets to the tune of Rs.2,86,99,670.60 (Rupees Two crores eighty six lakhs ninety nine thousand six hundred seventy and sixty paise) and the percentage of disproportionate assets was 1831.4%. The accused had purchased two flats in Delhi in the name of his wife Smt. Maya at a cost of Rs.40,00,000/- (Rupees Forty lakhs) as per sale deed which was grossly undervalued. As per Land & Development Office notified rates of circular dated 16.04.1999, the price of the aforesaid property should have been Rs.55,00,000/- (Rupees fifty five lakhs) approximately and that Shri Ashok Kumar had further spent Rs.10,00,000/- (Rupees Ten lakhs) on renovation. Besides the above, the accused and his family members were alleged to be in possession of heavy bank balances and other expensive movable properties.

(3.) Subsequently FIR No.RC-52(A)-2000/ACB/D1 dated 20.07.2000 under Section 13(2) read with Section 13(1)(e) of PC Act was registered. During investigation it was revealed that the main accused (Ashok Kumar) has not made declaration of any movable or immovable assets acquired by him to the departments before the check period or at any time of joining service in MCD as AO. Hence, the assets before the check period were taken as nil. The main accused acquired these disproportionate assets after entering into a criminal conspiracy with his wife Maya Devi, Ajay Gupta, Director of M/s. Sybron Leasing, Atul Goyal partner at M/s. Pace Financial Services Ltd. and Subhash Gupta, who helped him by giving him unsecured loans and also creating false income from investments in share business in the name of his wife and children. It was revealed that the main accused had a total income of Rs.10,31,771/- (Rupees Ten lakhs thirty one thousand seven hundred seventy one) for the check period under consideration in view of the services rendered by him in the capacity of a public servant while serving in MCD. The chain of events leading upto the aforementioned FIR commenced with the wife of the main accused Smt. Maya Devi purchasing a property bearing No.E4/10, Model Town measuring 257 sq. yds. on 16.01.1987 for Rs.4,80,000/- (Rupees Four lakhs eighty thousand) on which stamp duty of Rs.38,400/- (Rupees Thirty eight thousand four hundred) was paid. This was sold to Ms. Amarjeet Kaur through a property dealer Rajeev Verma for Rs.9,45,000/- (Nine lakhs forty five thousand) vide three sale deeds dated 09.03.2000. Smt. Maya Devi gained a profit of Rs.4,26,000/- (Rupees Four lakhs twenty six thousand) in the whole transaction. Further investigation revealed that Ashok Kumar obtained a loan of Rs.52,800/- (Rupees Fifty two thousand eight hundred) from his Department MCD for purchase of a second hand Fiat Car, which was included in his loan income. The actual cost of the car as revealed during investigation was Rs.55,000/- (Rupees Fifty five thousand) and was included in the assets of the accused.