UPENDRA RAI Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) Crl.M.A. 9456/2019 (addl. documents)

(2.) The above-noted ECIR No.18/DLZO-II/2016 was recorded by the respondent on 9th May 2018 pursuant to RC-217-2018 A 0003 registered for offences punishable under Sections 120B/420 IPC and Section 13(2) read with Section 13 (1) (d) PC Act on 1st May 2018 and RC-217-2018 A 0004 registered for the offences punishable under Sections 120B/384 IPC and Section 8 PC Act on 5th May 2018 by the CBI.

(3.) Brief conspectus of facts as recorded in the ECIR against Upendra Rai, Rahul Sharma, unknown officials of Income Tax Department, Mumbai and other unknown public servants and private persons are that during the course of investigation in RC-217-2018 A 0004 under Sections 120B/384 IPC and under Section 8 PC Act it was revealed that in September 2017 Upendra Rai approached Mr. Kapil Wadhawan, a relative of the promoter of the company, M/s White Lion Real Estate Developers Private Limited (in short 'WLREDPL'), Mr. Hiten Sakhuja, potraying himself as a power broker of the Income Tax Department and various other Government Departments. He also impressed that he was a senior journalist having worked with Tehelka, Star TV and was connected to big media houses. In his conversation with Mr. Kapil Wadhawan he claimed that he had sensitive information from the Income Tax Department relating to raids to be conducted on the companies related/ associated with M/s White Lion Real Estate Developers Private Limited and that action would be claimed against them under the new Benami Act.