SANDEEP PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application is heard finally today as requested by Counsel of both parties. This criminal application has exposed a very strange phenomena of the life and a page in the life of a Government servant, who has been entrusted with the work of revenue intelligence. For unfolding the matter around which this criminal application is revolving, few facts need to be stated.

(2.) THE applicant at the relevant time was working as Assistant Director in Directorate of Revenue Intelligence (hereinafter referred to as D. R. I. for convenience) One M/s. Select Impex (P.) Ltd. discharged four consignments containing Quartz Analog gold watches from Mumbai to Dubai/sharjah by Sea during the period from 12-1-1999 to 4-2-1999 consisting of 27, 250, 800, 880 watches respectively. Out of those consignments, the first consignment was further sent from Dubai/sharjah to Hongkong by sea and the remaining 3 consignments were sent from Dubai/sharjah to Hongkong by Air. When Shri Rajeev Aggarwal came to know that his 4th consignment of 880 watches was likely to be intercepted, he connived as per allegations of C. B. I. with present applicant Shri Sandeep Prakash, who as per allegations of C. B. I. by abusing his official position with a view to pre-empt any investigation in which the export of said consignment by other investigating agency, got three watches only seized on 10-2-1999 showing thereby that the said export was genuine. On this point C. B. I. investigated into the matter. After thorough investigation, D. R. I. Mumbai initiated adjudication proceeding against the said Rajeev Aggarwal, his firm M/s. Select Impex (P.) Ltd. , his brother Sanjay Aggarwal, Shri A Sheikh, Supdt. Central Excise and Shri K. K. Hari, Inspector Central Excise. No action was initiated against Sandeep Prakash by D. R. I. Mumbai on the basis of investigation, so conducted by them. Thereafter, on 11-2-2002 a report was submitted by C. B. I. to Special Judge in Misc. Application No. 55 of 2002 in C. B. I. , A. C. U. (VI), New Delhi R. C. 2 (A)/2000. After said report was submitted before the said Court, Prosecutor Mr. Shukla made oral submissions also. After hearing the oral submissions in support of said report and closure of the said intended prosecution, the said Court passed an order. The order as it stands shows that the learned Special Court has applied judicial mind to those submissions and the said report. For better understanding of the matter the same order needs to be quoted ad verbatim.

(3.) SHRI Hari Shankar, Counsel appearing for the petitioner, pointed out that Shri A. K. Hargave Additional Superintendent of Police C. B. I. , A. C. U. , VI, New Delhi wrote some irrelevant and unnecessary paragraphs in the said report and that is causing a serious prejudice to the present applicant and he is now exposed to a departmental enquiry which is solely dependent on the said report of Shri A. K. Hargave. He pointed out the said two paragraphs which need to be quoted. Shri Rajeev Aggarwal aforesaid and his brother Sanjay Aggarwal both Directors of M/s. Select Impex (P.) Ltd. , Mumbai were however, found to be acquainted with Shri Sandeep Prakash since 1997. Shri Sandeep Prakash submitted an intelligence report against them for misutilising the D. E. P. B. Scheme and getting the matter investigated without disclosing to his senior officers that the said persons were well known to him. Shri Sandeep Prakash had repeatedly talked to Shri Rajeev Aggarwal; over telephone during the relevant period including on the day of submission of his intelligence report on 8-2-1999 and on the day of searches of his office/factory premises on 10-2-1999 as mentioned above. He got the investigation against the said persons/firm continued without disclosing to his senior officers that the party was known to him. The telephone print outs and statement of witness Arun Kumar, Intelligence Officer has confirmed that the aforesaid Rajeev Aggarwal and Sanjay Aggarwal were known to Sandeep Prakash since 1997. Shri Sandeep Prakash was thus found to have committed misconduct by not informing to his Senior Officer his close acquittance with the said two Directors of M/s. Select Impex (P.) Ltd. , Mumbai and also by recording a favourable note dated 10-3-1999 in the file of D. R. I. , Mumbai, justifying the export of said watches under D. E. P. B. scheme by M/s. Select Impex (P.) Ltd. , a concern of Shri Rajeev Aggarwal aforesaid by misquoting the provisions of S. I. O. norms to be applied in the case with a view to favour M/s. Select Impex (P.) Ltd. , Mumbai. A regular departmental action for major penalty has, therefore, been initiated against Shri Sandeep Prakash which is pending with the disciplinary authority. "