DAVINDER KUMAR DHAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS petition has been filed by Shri Davinder Kumar Dhar, Manager of Corporation Bank, Ambala City, who is one of the accused in FIR No. 23/11, registered on 26.1.2011 with Police Station Una for offences under Sections 419, 420, 467, 468, 471, 120B and 489A Indian Penal Code and Section 23 of the Foreign Contribution (Regulation) Act, 1976 .

(2.) THE allegations in a nutshell are that on 26.1.2011 around 3.35 P.M. one Scorpio bearing No. HP -36 -0444, which was coming from Nangal towards Una was stopped for checking by the police who were on routine duty. The driver disclosed his name as Sanyog Dutt son of Ravinder Nath, Resident of Village Pathiar, District Kangra and the second person as Ashutosh Sharma son of Ravinder Nath, Resident of the same village. They informed the police that they are employees of "Divya Himachal Newspaper". The vehicle was bearing two stickers with the words "Press" which were affixed on the front and the rear wind screen. The police became suspicious and searched the vehicle, when one certificate/document bearing No. OR/DKD/AMB/14/2011, dated 20.1.2011 issued by the Corporation Bank, Ambala City Branch and signed by the Petitioner was produced by the two occupants. This certificate stated a sum of Rs. one crore has been sent by Shri K.P. Bhardwaj to be remitted to his savings account was being transported in vehicle No. HR -03H - 6194. The police found Rs. one crore in cash in a bag out of which Rs. 80 lacs (Rs. eighty lacs) were in One Thousand Rupee notes and Rs. 20 lacs (Rs. twenty lacs) in Five Hundred Rupee notes. The police suspected that the money was to be used for anti -social activities/smuggling/illegal activities etc. and therefore, the case under Sections 419, 420, 467, 468, 471 and 120B Indian Penal Code was registered. Lateron, after investigation offences under Section 489A Indian Penal Code and Section 23 FCR Act were added. Confessional statement of one M.R. Dogra, who is supposed to be connected with the offence, has also been recorded under Section 154 of the Code of Criminal Procedure by the Judicial Magistrate Ist Class, Court No. 2,Una.

(3.) BY order dated 5.2.2011 the learned Chief Judicial Magistrate, rejected the prayer made by the Petitioner and the other accused. The prayer of the investigating agency for remanding the Petitioner to judicial custody was allowed. While considering the bail application, the Court inter alia noticed the prayer made on behalf of the prosecution that the Petitioner herein be remanded to judicial custody. The Court holds that the recovery of Rs. one crore stands established on the record and that the accused Sanyog Dutt and Ashutosh Sharma had produced one certificate/document issued by the Petitioner herein that the money being carried by them belonged to one Kul Parkash. Pursuant to the seizures, searches of the Monastery of Karmappa at Sidhbari were carried out and recoveries of huge amount of cash in Indian and Foreign currencies was made. The Court holds that the record shows that the accused Kul Parkash was not having any Saving Bank Account with the Ambala Branch of the Corporation Bank. It was further averred that this money was handed over to Rabgey Chhoshang by some other persons whose names were Karma Kukekhampa and Rinzin Bagmo, who are also arrested and are in police custody. The Court then holds: 10. ...It is alleged by the investigating agency that accused persons are required for interrogation except accused D.K. Dhar against whom the police prayed for judicial custody. The main premise for which the police is prayed for by the investigating agency is an out come of document allegedly to have been received by the agency from their police headquarter on the pretext that land deal was struck at Rs. Five Crore and not of Rs. 2.5 Crore, which would be rather fallacious on the part of the investigation praying for police remand on a document coming on record from their own possession.