SUKHDEV SINGH Vs. STATE

JUDGEMENT

(1.) Sukhdev Singh Kahlon was tried by the learned Special Judge, Chandigarh and found to have been in possession of assets disproportionate to his known sources of income to the tune of Rs. 8,34,086.22/- and accordingly convicted under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 on March 30, 1996. He was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000.00. In default, he was further ordered to undergo rigorous imprisonment for three months. Feeling aggrieved the officer has filed the present appeal.

(2.) S. S. Kahlon joined the Ministry of External Affairs, Government of India, New Delhi as Assistant in January 1960. For various periods he was posted at our Embassies/High Commissions at Aden, Bonn, Kathmandu and lastly at Paramaribo (Surinam). He had also had two stints at New Delhi. Sukhdev Singh Kahlon on return from Paramaribo in January 1984 was first appointed Assistant Regional Passport Officer, Chandigarh on April 24, 1984 later promoted as Acting Passport Officer on May 25, 1985. Investigation into his assets was undertaken by the Central Bureau of Investigation, Chandigarh and it revealed that he had assets disproportionate to his known sources of income to the extent of Rs. 10,37,135.76/- as on November 16, 1986. The period of checking of the income, expenditure and assets acquired was from February 10, 1984 to November 16, 1986. The conclusion of the Investigator was that out of this amount, Sukhdev Singh Kahlon had Rs. 2.42, 292.00 lying in 13 saving bank accounts, cash over spent money to the tune of Rs. 3,19,843.76 and he was found in possession of cash to the extent of Rs. 4,75,000.00 as on November 16, 1986.

(3.) The methodology adopted by the Investigator has been given in the charge-sheet filed before the Special Court as also in the judgment of the trial Court. It consists of six separate statements. Statement A is bank balance on February 10, 1984 of Rs. 5679.76. Statement B is the value of the assets possessed on February 10,1984 which had been converted to cash during the check period. This statement showed the total value of such assets at Rs. 2,26,164.58 and included among others the following major items of assets: