RAVI NANDAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition is filed being aggrieved of order dated 11th September, 2020 rejecting the prayer of anticipatory bail in FIR No. 8, dated 21st August, 2020 under Sections 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 and Sections 7, 7(a) and 8 of the Prevention of Corruption Act, 1988, registered at Police Station Vigilance Bureau, Phase-1, Mohali.

(2.) The FIR was result of information received by the vigilance bureau that person namely Vijay Kumar resident of Khanna is working in the filed of transportation within cities of Khanna, Ludhiana and others. He had been indulging in the tax evasion in connivance with the officers/ officials of Excise and Taxation Department. It is alleged that the tax was being evaded by ensuring that there is no checking or verification of the documents or the goods while being transported to and from State of Punjab. Heavy monthly amount were being paid as bribe to the officers and officials of taxation department. It is also stated that various other persons were involved in connivance with Vijay Kumar. The mobile number used by these persons were pin pointed after getting permission from the competent authority, technical inputs were collected and call details were gathered. On 5th March, 2020, one person called Vijay Kumar on his mobile to inform that he had delivered bribe in district Moga, Faridkot and Ferozepur and asked as to whether Vijay Kumar will deliver the money to Ravi Nandan, Excise and Taxation Officer (ETO), Fazilka or he should deliver. There are other converstations with regard to amounts of money being paid to various officers and officials and a separate bribe being given to the AETC, Fazilka. Instructions were given by Vijay Kumar to check the computer with regard to payments already made to some officers. There is conversation with the lady officer stating that whatsoever was settled, Vijay Kumar is not backing from it and she should not harass by obstructing vehicles. The lady officer stated that she has already allowed more vehicles to go than the settled number. The telephonic calls reveal that there are other transporters and passers involved in the similar activities, one of them is named as Shinda.

(3.) Apprehending the arrest, the petitioner moved petition under Section 438 of Cr.P.C. for grant of anticipatory bail. On rejection of the petition, the present petition is filed.