Whereas denying bail to a Delhi City Shelter Enchancment Board (DUSIB) authorized officer in a corruption case, a Delhi court docket not too long ago pulled up the Central Bureau of Investigation (CBI) for a “essential lapse” within the investigation.
Whereas the court docket famous that Rs 3.79 crore price of bribe cash was recovered from the home of Vijay Maggo, (the accused on this case), it flagged the “shocking” absence of the point out of this “restoration” within the chargesheet filed by the company.
“Retaining in view the totality of circumstances and paying attention to the gravity of the offence, and additional considering that massive unaccounted money quantity of Rs 3.79 crore was recovered from the home of the applicant, in respect of which investigation continues to be present process, no case is made out for releasing the applicant Vijay Kumar Maggo on bail,” mentioned Particular Decide Sudhanshu Kaushik of Rouse Avenue Courtroom in his order dated January 4.
“It’s famous that surprisingly, the chargesheet is completely silent in regards to the side of the restoration of the alleged unaccounted money quantity of Rs 3.79 crore and the seizure memo has additionally not been forwarded together with the chargesheet,” mentioned the choose, pulling up the company.
“… Investigating officer seized the financial institution accounts of the applicant and his family by issuing instructions to the banks involved to freeze the mentioned accounts. It’s famous that after issuing instructions to the banks to freeze the financial institution accounts, investigating officer didn’t furnish the report contemplated below Part 106 of BNSS, 2023, and resultantly, the accounts of the family had been de-freezed,” the court docket added.
Underneath Part 106 of the BNSS, titled ‘energy of police officer to grab sure property’, the police officer — if subordinate to the officer in control of a police station — “shall forthwith report the seizure to that officer”.
The court docket additionally famous that to this point, no report associated to the frozen account was submitted earlier than it. “I’m of the thought of opinion that it is a essential lapse and the identical requires indulgence of some larger police officer. In view of this, subject discover to the Dy. Inspector Basic (DIG), CBI, involved with instructions to furnish a report on the facets highlighted above,” it added, fixing the subsequent date of listening to on January 13.
The CBI had argued earlier than the court docket that Maggo was caught red-handed on November 8 final yr whereas demanding and accepting a bribe of Rs 40 lakh from the complainant on the reassurance that two of his outlets in Paharganj could be de-sealed. The outlets of the complainant had been sealed on July 7, 2023, because of “unauthorised development” as per the company.
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