LAWS(DLH)-2019-9-158

DEEPAK TALWAR Vs. ENFORCEMENT DIRECTORATE

Decided On September 19, 2019
Deepak Talwar Appellant
V/S
ENFORCEMENT DIRECTORATE Respondents

JUDGEMENT

(1.) Crl. M. (B) 990/2019

(2.) Briefly stated, ECIR bearing No. HQ/13/2017 was registered on 17.08.2017 by respondent ED on the basis of predicate offence registered by CBI vide RC-DAI-2017-A-0022 dated 29.05.2017 U/s 420, 120B IPC and 13 (2) r/w 13 (1) (d) PC Act.

(3.) According to the FIR, the Officials of Ministry of Civil Aviation, NACIL, Air India by abusing their official position as public servants and by receiving illegal gratification, in conspiracy with other public servants, private domestic and foreign air lines, made the national carrier i.e. Air India, give up profit making routes and profit making timings in favour of national and international domestic and foreign private airlines, which resulted in huge loss of market share to the national carrier and led to pecuniary benefits to private domestic and foreign air lines; that foreign airlines were given unrestricted entry to India and major routes were given to them without taking any reciprocal benefits to Air India. Despite warnings that these actions would result in heavy loss of market share to national carrier, the public servants of MOCA, continued to act dishonestly in order to confer pecuniary advantage to the private, domestic and foreign airlines; that the routes were allocated by public savants of Civil Aviation Ministry in pursuance to a criminal conspiracy and on the directions of Civil Aviation Ministry, Air India withdrew its services from many profit making routes and gave away its routes to private and foreign operators without taking any reciprocal benefits. This act resulted in private airlines taking all profitable routes and a bigger market share of Air India.