CBI Vs. SURESH NANDA

JUDGEMENT

(1.) The present criminal revision petition assails an order of the Special Judge dated 15.1.2007, permitting the respondent accused (hereafter referred to as "the respondent") to travel abroad for 15 days upon imposition of certain conditions.

(2.) A First Information Report (FIR) was lodged on 9.10.2006 by the Central Bureau of Investigation (CBI) against several persons, including the petitioner. The FIR alleged that on the basis of a reference received from the Ministry of Defence, a preliminary enquiry was held which indicated that several persons conspired during the period 1998-2001 in the matter of procurement of 7 Barak Anti Missile Defence Systems (AMD) and 200 missiles from M/s IAI Israel and its sister concern M/s Rafael, Israel. The FIR alleged that pursuant to the conspiracy the then Defence Minister and the then Chief of Naval Staff abused their position and showed undue favour in the award of contract to M/s IAI Israel.

(3.) The FIR also alleged that the respondent had met with the other accused at the official residence of the then Defence Minister and paid Rs. 1 crore. The FIR further recited that as per enquiry huge amounts of suspected payments had been remitted from M/s Mortoren-Und-Turbines Union (MTU) in the bank accounts of M/s Dynatron Services, a concern managed by the respondent and his family members during the relevant period. It was alleged that the facts mentioned disclosed commission of cognizable offences under Sections 9 and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 read with Section 120-B of the Indian Penal Code by the accused persons.