PK THUNGON Vs. SENTRAL BUREAU OF INVECTIGATION

JUDGEMENT

(1.) THESE are four petitions raising common questions and are therefore being disposed of by this common judgment.

(2.) ON 1st January 1998 the Central Bureau of Investigation (CBI) registered RCA No. 1 (A)/98-DLI ACB under Sections 120-B/409/ 419/420/467/468/471 IPC and 13 (2) read with 13 (1) (c) and (d) of the Prohibition of corruption Act, 1988 (PC Act) against five persons, VIZ. , P. K. Thungon, Tali AO, C. Sangeet AO, Mahesh Maheshwari and N. M. 3ain. The charge sheet filed by the CBI on 30th June 2003 showed the aforementioned five persons as the accused persons being sent up for trial. Five others were shown in column 2 as accused persons not sent up for trial.

(3.) THE charge sheet narrates that the case was registered on the basis of a written complaint of Shri P. C. Sharma, Deputy SP, cbi, ACB, New Delhi that during the course of investigation of RC 33 (A) /96 DLI, a search was conducted in the residential premises of p. K. Thungon, a former Minister of State, ministry of Urban Affairs and Employment, new Delhi on 10th July 1996. During the search various documents and articles were seized. These included one partly used cheque book of SB A/c No. 7770 of Vijaya bank, Ansari Road, New Delhi in the name of prem Kumar. Investigation with Vijaya Bank revealed that P. K. Thungon had opened this account in the said Bank on 31st March 1994 in the false name of Prem Kumar giving the false address as C-113, Sarvodaya enclave, New Delhi. There was also a locker no. 288 in the said bank assumed name of prem Kumar. It is further alleged that an amount of Rs. 8 lakhs was credited in the said savings bank a/c No. 7770 and by transfer from A/c No. 7798 on 26th April 1994. Account No. 7798 had been opened one day earlier, i. e. on 25th April 1994, in the fictitious name of Thanu Thungon with the official address as 2050/25 Sharada Nand Marg near Ajmeri Gate, New Delhi on introduction of Mahesh Maheshwari, Director, M/s S. N. H. India Traders, New Delhi. It was alleged that mahesh Maheshwari had in fact opened A/c no. 7798 by impersonating as Thanu Thungon and had introduced himself on the basis of current A/c No. 1379 of the company in which he was one of the Directors.