Delhi District Court
4.2013 To 31.5.2013 Is Ex. Pw5/Q. Page ... vs P. K. Basheer ( 2014) 10 Supreme Court ... on 29 November, 2018
IN THE COURT OF SHRI NARESH KUMAR MALHOTRA
ASJ/ SPECIAL JUDGE, CBI02, NEW DELHI DISTRICT PATIALA
HOUSE COURTS, NEW DELHI.
CC No. 02/2015
RC No. 06 (A)/2014/CBI/ACIII/New Delhi
U/s 420,467, 468, 471 & 474 IPC and U/s 13 (2) r/w 13 (1) (d) of
Prevention of Corruption Act.
Central Bureau of Investigation
Versus
Sh. Lalhming Liana S/o Sh. Chhunkhuma,
Flat No. 502, Brahmputra Apartment,
Dr. B. D. Marg, New Delhi110001.
Date of Institution : 05.01.2015
Date of Arguments : 26.11.2018
Date of Judgment : 29.11.2018
J U D G M E N T
Present case was registered against accused Lalhming Liana
on a reliable information that accused, Member of Parliament, Rajya
Sabha from the State of Mizoram during the period 20122013 entered
into a criminal conspiracy with other unknown persons with an object to
claim full payment on companion air tickets from Rajya Sabha
Secretariat by using fake companion etickets for travelling by Air India
Flights and in furtherance of the said criminal conspiracy, accused
1
submitted his TA bills and the bills in the name of his family members
with fake companion etickets for journeys performed under Companion
Free Scheme of Air India and claimed Rs. 3,14,801/ from the pay and
Account Office, Rajya Sabha Secretariat against the actual fare of Rs.
25,848/ by misusing his official position as public servant.
2 It is further alleged that accused in total claimed full
payments of Rs. 3,14,801/ from Rajya Sabha Secretariat for seven
companion air tickets, though the actual fare for the said seven tickets
was Rs. 25,848/. Thus, he claimed an amount more then due to him and
thereby caused wrongful loss of Rs. 2,88,953/ to the exchequer of
Government of India.
3 Investigation further revealed that accused submitted the
fake companion tickets under CFS purportedly issued by M/s M.K. Tour
& Travels, New Delhi. These fake etickets under CFS mentioned the
fare at par with the main air tickets whereas, the ticket under CFS is
made available by Air India on the payment of taxes only. Thus,
accused fraudulently and dishonestly claimed excess reimbursement for
etickets by misusing his official position as a public servant thereby
causing wrongful loss to the exchequer of Government of India.
4 Investigation further revealed that accused belongs to the
2
political party, Mizo National Front ( MNF ) of Mizoram. He
represented the State of Mizoram for two consecutive terms as Member
of Parliament, Rajya Sabha. His first term for MP Rajya Sabha was
20022008 and his second term was from 19.7.2008 to 18.7.2014. the
present case belongs for the period of second term of accused as Member
of Parliament, Rajya Sabha. It is further alleged that M/s M.K. Tour and
Travels was owned by sh. Manoj Kumar Tharad as proprietor having
office at 307, Rakeshdeep Building, 11 Yusuf Sarai Commercial
Complex, New Delhi. This firm deals in air ticketing and accused has
been one of his clients. All the air tickets in question were booked and
issued by M/s M. K. Tour & Travels. It is further alleged that Member
of Parliament is issued TA/DA allowance during the session of the
Parliament and for travelling of an MP who is Member of any
Parliamentary Committee. The spouse of the MP is also given ticket for
performing 08 journeys during the session of the Parliament to
accompany the MP from the constituency to the Capital. Apart from this,
an MP is entitled to get 34 single air journeys per year to be availed
alone or with companion. This facility can be availed by the Member of
Parliament from any airline on the cash payment. It is further submitted
that TA/DA allowance is reimbursed to the MP as per procedures
prevalent in the office of Rajya Sabha Secretariat. The Member is
3
required to submit details of journey in prescribed "Arrival/ Departure
Report" along with used air tickets and boarding passes in original.
5 Investigation further revealed that accused got issued 26
main tickets. He also got issued 26 Companion Free Scheme Tickets on
the basis of aforesaid main tickets. All the main tickets were issued by
M/s M.K. Tours & Travels. The Companion Free Scheme ticket was also
got issued by M/s M. K. Tours & Travels from the office of Air India as
per the instructions of accused. It is further submitted that a hard copy
( printed copy) of the companion free ticket was then handed over by the
office of Air India to M/s M. K. Tours and Travels, who then scanned
the same and sent the scanned copy along with the main eticket to
accused. M/s M. K. Tour & Travels used to make available air tickets to
the accused through his email id [email protected] from the email id
[email protected] of M/s M.K. tours and Travels. The details of
52 tickets, fares of main tickets and companion tickets are given in para
no. 13 of the charge sheet. It is further submitted that accused
fraudulently and dishonestly forged the main tickets and companion free
scheme ticket with the object to cheat Rajya Sabha and to obtain excess
payment. He forged the main tickets as well as companion tickets with
the object to use the same with the TA claim form for the purpose of
reimbursement. The emails sent by M/s M. K. Tours and Travels were
4
collected during investigation and the email account of M. K. Tours and
Travels was accessed. The contents of out box were checked to ascertain
the etickets/scanned copies of printed companion free tickets mailed by
the agent. The main ( full fare) e tickets and the scanned copies of CFS
tickets retrieved from the outbox of e mail account of M. K. Tours and
Travels were found to be genuine. The inbox of email id of accused was
also accessed and it was found that accused had deleted all e mails
received from the travel agent. Sh. Manoj Tharad of M/s M. K. Tours
revealed that he had emailed genuine tickets to accused on his email id.
The accused submitted copies of e tickets for main as well as CFS tickets
to the office of Rajya Sabha Secretarit even when no e ticket was
generated in case of CFS and M. K. Tours & Travels forwarded scanned
copies of the printed CFS tickets collected from Air India Office.
6 It is further submitted that in some instances, original CFS
ticket got issued by M. K. Tour & Travels from Air India Office was
physically handed over to the accused. One such original un tampered
CFS ticket 0982105281781 has been recovered from the official
residence of accused during search on 23.6.2014. This is one of the
companion ticket out of the total 26 CFS tickets involved in this case.
Accused forged main e tickets to delete the endorsement/reference
5
regarding the CFS ticket issued with the main ticket and used the
particulars of main e ticket for generating another full fare ticket by
using the number assigned by Air India for the CFS ticket. This second
full fare ticket was thus, forged and he concealed the fact that the
original ticket corresponding to the CFS ticket number was issued at a
concessional fare under companion free scheme. Accused used his
computer to prepare forged e tickets. During investigation a hard disk of
personal computer installed at the residence of accused was seized on
23.6.2014. The seized hard disk was sent to CFSL and mirror image of
the same was obtained from CFSL. The mirror image was scrutinized
and records of 09 forged e tickets were obtained which are out of 52
forged e tickets. The forged e ticket of original companion ticket no.
0982105281781 was also found in the mirror image of hard disk.
7 Investigation further revealed that accused used forged e
tickets and used the same for the purpose of reimbursement from the
office of Rajya Sabha Secretariat. He removed the reference companion
ticket from the main ticket. He also removed the cross reference of main
ticket from the companion ticket and enhanced the fare of all the 26
companion e tickets. He claimed Rs. 11,20,016 for 26 companion tickets
against the actual fare of Rs. 81,385/. Air India also confirmed that the
actual cost of 26 companion tickets are Rs. 81,385/ only. Thus, accused
6
pocketed excess claim of Rs. 10,38,553/ by using fake etickets and
thereby misused his official position as public servant and caused
wrongful loss to the Government of India and committed offence U/s
420, 467, 468, 471 & 474 IPC and 13 (2) r/w 13 (1) (d) of PC Act.
Charge
8 Thereafter, on 12.08.2015, my ld. Predecessor framed
charge against accused Lalhming Liana U/s 420, 468, 467, 471 IPC and
U/s 13 (2) read with section 13 (1) (d) of the Prevention of Corruption
Act.
9 In order to prove its case, prosecution examined 34
witnesses.
10 PW1 is Ms.Indira Chaturvedi Vaidya. She deposed that
in November 2015 she was working as Dy. Directorin Rajya Sabha
Secretariat. Her duties includes checking of travelling allowance bills
pertaining to Rajya Sabha members prepared by the dealing hand.
Amongst other she was assigned North East States. In order to ascertain
the genuineness of signatures to the possible extent they maintained the
record of specimen signatures of every MP in their respective TA/DA
folders. There is no specific provision for making payments of
companion free scheme. Rajya Sabha reimburse the actual fare incurred
7
by the MPs as per their entitlement. The fares printed on the etickets
were considered for reimbursement supported by boarding passes and
there is no provision for payment exceeding the fares mentioned on the
etickets. She has also deposed about the procedure of passing of TA
bills submitted by MP. If any discrepency is found in the bill/claim the
same is returned to the member with the request to correct. In case of any
doubt regarding air fare etc, the concerned airline is contacted or a
written communication is sent to verify the exact fare. If from the
clarification received from the airlines, the claim is found to be not
admissible, the member is intimated about the reasons thereof. If cases
where discrepancy appears to be serious in nature, Ministry of Civil
Aviation is also requested to look into the matter for appropriate action.
In addition to official journeys and spouse journeys member is entitled to
34 single air journeys in a year to be availed alone or with spouse or any
number of companions or relatives. Out of these 34 journeys, spouse or
companion of a member is entitled to travel eight alone journeys in a
year. This facility can be availed by the Member from any Airlines on
cash payment basis. If companion tickets are claimed for reimbursement
by the member, the same is considered under the quota of 34 air journeys
available to a Member per year and the air fare reimbursed is the fare
claimed by the member available on the ticket. Ex. PW1/A is the file of
8
TA bills of accused Lalhming Liana. Page no. 7 of the file bear
signatures of accused at points A. The said forms also bear his initials at
point B. She had marked the said claims to Smt. S. K.Gulati the then
Executive Officer who processed the said TA bills on the basis of
boarding passes and etickets submitted along with the claim form. The
TA bills includes four etickets Ex. PW1/A1 to Ex. PW1/A4 submitted
by the accused. The fare of all the tickets are Rs. 45,580/ each. The
boarding passes pertaining to these etickets are Ex. PW1/A5 to Ex.
PW1/A8 respectively.
Ex. PW1/B is the TA bill file of accused Lalhming Liana.
The etickets submitted by accused are Ex. PW1/B1 to Ex. PW1/B2. The
fare of the tickets are same ie Rs. 38,562/ each. The boarding passes of
above mentioned etickets pertaining to the journey are Ex. PW1/B3 and
Ex.PW1/B4.
Ex.PW1/C is another file of TA bill of accused Lalhming
Liana. Journey claim form of TA containing details of journey claimed
by accused was marked by her to To executive Officer Smt. S. K. Gulati
who had processed the said TA bills on the basis of boarding passes and
etickets. This TA bill include various tickets in the name of accused
and his companion which are Ex. PW1/C1 to Ex. PW1/C6. The
boarding passes pertaining to the journey of the accused are Ex. PW1/C7
9
to Ex. PW1/C19.
Ex. PW1/D is another file of TA bill of accused Lalhming
Liana. The Journey claim form of TA was marked by her to executive
officer who processed the said TA bills on the basis of boarding passes
and e tickets submitted along with claim form. The TA bill includes
tickets Ex. PW1/D1 and Ex.PW1/D2 in the name of accused and his
companions. The boarding passes pertaining to the etickets are Ex.
PW1/D3 and Ex. PW1/D4 respectively.
Ex. PW1/E is also one of the file of TA bill of accused
Lalhming Liana. It includes etickets Ex. PW1/E1 to Ex. PW1/E to Ex.
PW1/E6. The payment regarding these tickets were made to the accused
vide cheque dated 11.2.2013 vfor Rs. 2,82,256/. The boarding passes
pertaining to aforesaid journeys are Ex. PW1/E7 to Ex. PW1/E16
respectively.
Ex. PW1/F is also the file of TA bill of accused Lalhming
Liana. This includes etickets Ex. PW1/F1 and Ex. PW1/F2. The
payment regarding this bill was made to accused vide cheque dated
18.7.2012 for Rs. 2,85,925/. The boarding passes pertaining to aforesaid
journeys are Ex. PW1/F3 to Ex. PW1/F11.
Ex. PW1/G is also the file of TA bill of accused Lalhming
Liana. TA Bill was processed on the basis of boarding passes and e
10
tickets submitted by the accused along with the claim form. The etickets
are proved as Ex. PW1/G1 to Ex. PW1/G6. The payment information of
aforesaid journey is at page no. 1 Ex. PW1/G. The payment regarding
this bill was made to accused vide cheque dated 24.5.2013 for Rs.
3,90,193/. The boarding passes pertaining to aforesaid journeys are Ex.
PW1/G7 to Ex. PW1/G20.
Ex. PW1/H is also the file of TA bill of accused Lalhming
Liana. TA Bill was processed on the basis of boarding passes and e
tickets submitted by the accused along with the claim form. The etickets
are proved as Ex. PW1/H1 to Ex. PW1/H6. The payment information of
aforesaid journey is at page no. 1 Ex. PW1/H. The payment regarding
this bill was made to accused vide cheque dated 30.4.2013 for Rs.
5,68,638/.
Ex. PW1/J is also the file of TA bill of accused Lalhming
Liana. TA Bill was processed on the basis of boarding passes and e
tickets submitted by the accused along with the claim form. The etickets
are proved as Ex. PW1/J1 and Ex. PW1/J2. This TA bill includes tickets
Ex. PW1/J3 and Ex. PW1/J4 in the name of companion of accused. The
tickets in the name of accused for the sector AizwalKolkataDelhi are
Ex. PW1/J5 and Ex. PW1/J6. Fare of ticket No. 0982104971730 and
0982065583828 are Ex. PW1/J7 and Ex. PW1/J8.The payment
11
information of aforesaid journey is at page no. 5 Ex. PW1/J. The
payment regarding this bill was made to accused vide cheque dated
06.11.2012 for Rs. 2,75,171/.
Ex. PW1/K is also the file of TA bill of accused Lalhming
Liana. TA Bill was processed on the basis of boarding passes and e
tickets submitted by the accused along with the claim form. The etickets
in the name of accused and his companions are Ex. PW1/K1 and Ex.
PW1/K2. The payment information of aforesaid journey is at page no.
29 Ex. PW1/K. The payment regarding this bill was made to accused
vide cheque dated 19.3.2012 for Rs. 3, 84,386/.
Ex. PW1/L is also the file of TA bill of accused Lalhming
Liana. TA Bill was processed on the basis of boarding passes and e
tickets submitted by the accused along with the claim form. The etickets
in the name of accused and his companions are Ex. PW1/L1 and Ex.
PW1/L2. The payment information of aforesaid journey is at page no.
19 Ex. PW1/L. The payment regarding this bill was made to accused
vide cheque dated 26.2.2012 for Rs. 2,40,297/.
Ex. PW1/M is also the file of TA bill of accused Lalhming
Liana. TA Bill was processed on the basis of boarding passes and e
tickets submitted by the accused along with the claim form. The etickets
in the name of accused and his companions are Ex. PW1/M1 and Ex.
12
PW1/M2. The payment information of aforesaid journey is at page no.
15 Ex. PW1/M. The payment regarding this bill was made to accused
vide cheque dated 3.7.2012 for Rs. 1,66,825/.
Ex. PW1/N is also the file of TA bill of accused Lalhming
Liana. TA Bill was processed on the basis of boarding passes and e
tickets submitted by the accused along with the claim form. The etickets
in the name of accused and his companions are Ex. PW1/N1 and Ex.
PW1/N2. The payment information of aforesaid journey is at page no. 1
Ex. PW1/N. The payment regarding this bill was made to accused vide
cheque dated 16.8.2012 for Rs. 3,07,775/.
Ex. PW1/O is also the file of TA bill of accused Lalhming
Liana. TA Bill was processed on the basis of boarding passes and e
tickets submitted by the accused along with the claim form. The etickets
in the name of accused and his companions are Ex. PW1/O1 to Ex.
PW1/O6. The payment information of aforesaid journey is at page no.
36 Ex. PW1/O. The payment regarding this bill was made to accused
vide cheque dated 25.4.2012 for Rs. 4,83,950/.
Ex. PW1/P is also the file of TA bill of accused Lalhming
Liana. TA Bill was processed on the basis of boarding passes and e
tickets submitted by the accused along with the claim form. The etickets
in the name of accused and his companions are Ex. PW1/P1 to Ex.
13
PW1/P4. The payment information of aforesaid journey is at page no.
32 Ex. PW1/P. The payment regarding this bill was made to accused
vide cheque dated 5.2.2013 for Rs. 24,68,778/.
Ex. PW1/Q is also the file of TA bill of accused Lalhming
Liana. TA Bill was processed on the basis of boarding passes and e
tickets submitted by the accused along with the claim form. The etickets
in the name of accused and his companions are Ex. PW1/Q1 to Ex.
PW1/Q3. The payment information of aforesaid journey is at page no. 5
Ex. PW1/Q. The payment regarding this bill was made to accused vide
cheque dated 19.11.2011 for Rs. 1,22,274/.
Ex. PW1/R is also the file of TA bill of accused Lalhming
Liana. TA Bill was processed on the basis of boarding passes and e
tickets submitted by the accused along with the claim form. The etickets
in the name of accused and his companions are Ex. PW1/R1 and Ex.
PW1/R2. The payment information of aforesaid journey is at page no. 4
Ex. PW1/R. The payment regarding this bill was made to accused vide
cheque dated 28.12.2011 for Rs. 1,33,765/.
Ex. PW1/S is also the file of TA bill of accused Lalhming
Liana. TA Bill was processed on the basis of boarding passes and e
tickets submitted by the accused along with the claim form. The etickets
in the name of accused and his companions are Ex. PW1/S1 and Ex.
14
PW1/S7. The payment information of aforesaid journey is at page no. 4
Ex. PW1/S. The payment regarding this bill was made to accused vide
cheque dated 07.12.2011 for Rs. 2,24,441/.
Ex. PW1/T is also the file of TA bill of accused Lalhming
Liana. TA Bill was processed on the basis of boarding passes and e
tickets submitted by the accused along with the claim form. The etickets
in the name of accused and his companions are Ex. PW1/T1 and Ex.
PW1/T2. The payment information of aforesaid journey is at page no. 5
Ex. PW1/T. The payment regarding this bill was made to accused vide
cheque dated 09.11.2011 for Rs. 1,18,896/.
11 PW2 is Sh. A. P. Raghuwanshi Sr. Manager, Indian
Overseas Bank. He deposed that vide his letter dated 24.11.2014 Ex.
PW2/A he had handed over to CBI copy of account opening form of
current account no. 107002000037273 of M/s M. K. Tours & Travels
along with specimen signature form Ex. PW2/B, certified copy of
statement of account of account no. 107002000037273 of M/s M. K.
Tours & Travels for the period 1.1.2012 to 31.12.2013 Ex. PW2/C and
certificate U/s 2A of Banker's Book of Evidence Act Ex. PW2/D.
12 PW3 is Sh. Maithlis Sharan Asst. Manager, SBI, Green
15
Park Extension. He deposed that he can identify the hand writing and
signature of chief Manager S. K. Aggarwal as he had seen him writing
and signing in official course of his duties. Vide letter dated 21.11.2004
Ex. PW3/A bearing signatures of Sh. S.K. Aggarwal along with seal of
the bank, the documents mentioned therein were handed over to CBI.
The documents are duly attested by him. Customer information sheet of
M. K. Tours and Travels is Ex. PW3/A1, certified copy of specimen
signatures of proprietor of account holder of M. K. Tours & Travels is
Ex. PW3/A2, certified copy of statement of account of M/s M. K. Tour
& Travels having account no. 30858845508 for the period 1.1.2012 to
31.12.2013 is Ex. PW3/A3, Certificate U/s 2A of Banker's book of
Evidence Act given by him is Ex. PW3/A4.
13 PW4 is Ms. Divya Gauba, Asst. General Manager,
Commercial IGI Airport, TerminalI. She depose that she had
provided certified copy of circular no. 2389 dated 3.10.2011 Ex. PW4/A
for companion free scheme for domestic sector. This circular is issued by
Sh. Ranjan Chakraborty, the then Manager ( pricing and Tariff). The
circular specifically provides application, period of application,
eligibility, fare, its cancellation / refund/ re booking etc. As per Ex.
PW4/A, the tickets booked under companion free scheme are to be
purchased together. Cross reference of the companion ticket would be
16
made on the full fare ticket vice versa with the remark "CFS" on both the
full fare as well as on free ticket. Tickets will be marked non endorseable
and valid on Air India only. Tickets may be issued by Air India Offices
only. The name of the companion and his relationship are mandatory
incorporated on the main ticket at the time of issuance of main ticket/
revenue ticket. She further depose that fare of concessional ticket is far
less than the ticket at market rate. The companion free scheme ticket is
issued by Air India Only and it cannot be issued by agent. The CFS
ticket could be issued on the basis of authority letter or any document
showing the genuineness of the passenger but subject to the satisfaction
of issuance branch and office.
14 PW 5 is Sh. Manoj Tharad. He deposed that M/s M. K.
Tours was incorporated by his father in the year 1989 as sole
proprietorship firm. He joined the business probably in the year 1996
1997. In the year 2007 his firm was appointed by Internationa. Air
Transport Association as approved agent and after that his firm became
eligible for booking and issuance of air tickets. The companion free
scheme was launched by Air India for domestic as well as international
sector in the year 2011 and it was closed in March, 2013. As per this
scheme his firm used to issue main ticket ( full fare revenue paid) for the
guest mentioning the relation/name of the companion. After issuance of
17
main ticket they used to write a letter to Air India for issuance of CFS
ticket which was being issued by Air India counter only by paying the
tax amount in cash. The companion ticket can be issued only by Air
India office and not by any travel agent.
He further stated that accused Lalhming Liana the then MP
Rajyua Sabha was also one of his clients for air ticketing. He had
booked and issued various tickets of accused and his family members
and his other companions also. Accused used to call on mobile/office
land line number. Counter supervisor of his firm Sh. Shanker Pandey
used to receive the call and book the tickets. He ( PW5) instructed his
office staff to issue the tickets as per the instructions of accused) After
issuing the main tickets, they used to write a letter on their letter head to
Air India giving the details of main tickets along with detail of
companion for the purpose of issuance of companion free tickets.
Delivery boy of his firm Sh. K. S. Negi used to visit Air India Office for
issuance of companion free ticket. Thereafter, they used to emain main
ticket and companion free tickets after scanning it on the emain ID of
accused Lalhming Liana. Some hard copy of the ticket was sent at the
residence of accused through staff/delivery boy. Accused used to give
cheques for the main tickets and cash for the companion free tickets.
He further stated that CBI team conducted search in his
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office on 13.6.2014 and asked him to produce the details of ticket of
accused Lalhming Liana and others for particular dates. He informed
CBI that tickets were booked/issued and made available to accused
Lalhming Liana at his email ID [email protected]. The CBI team in
preence of two witnesses perused the inbox, outbox and sent items etc of
his email ID ie [email protected]. Ex. PW5/A ( colly) are the
email printouts taken out from his email ID with regards to tickets of
accused Lalhming Liana and his companions. Various e
tickets/companion tickets were sent from the ID of his firm to the ID of
accused on 29.3.2013, 28.3.2013, 1.5.2012, 9.10.2012, 29.10.2012,
15.11.2012 and 14.11.2012.
Letter dated 25.9.2014 Ex. PW5/B was sent by him to CBI
explaining the procedure of booking of tickets. Along with this letter he
had also given copy of agent coupons of accused Ex. PW5/C. The tickets
mentioned at Sr. No. 5 to 7 in Ex. PW5/C and the ticket mentioned at Sr.
no. 8 of Ex. PW5/C were booked by his firm but were finally issued by
M/s Aastha Travels Pvt Ltd and M/s TSI North East Travels Pvt Ltd, due
to limited quota of tickets of his firm. He had also provided the agent
coupons/audit coupons of all the 24 tickets booked by his firm which are
Ex. PW5/C1 to Ex. PW5/C24 which contain the reference of issuance of
companion free tickets, name of the companion and his relationship with
19
the passengers of main tickets. For issuance of companions free tickets,
instructions were given by accused Lalhming Liana at the time of
issuance of main ticket. Thereafter an authority letter was prepared on
behalf of accused and request was made to the office of Air India for
issuance of companion free tickets. The companion tickets got issued by
Air India were forwarded to accused vide email.
Settlement plan register containing coupon for the period
1.5.2012 to 18.5.2012 is Ex. PW5/D, for the period 1.10.2012 to 15.10.2012 is Ex. PW5/E and for the period 1.3.2013 to 31.3.2013 is Ex. PW5/F, which contains agent coupon in respect of main ticket No. 0989551400354 Ex. PW5/D1, ticket no. 0982253252640 Ex. PW5/E1 and ticket no. 0983216893046 Ex. PW5/F1, in the name of accused.
He further stated that e ticket Ex. PW1/A1 and Ex. PW1/A2 were issued by his company in the name of accused Lalhming Liana and Sh. Lalthlamuana. Ex. PW1/A1 is the main ticket used for issuance of companion ticket but the reference of companion is not mentioned on this ticket. So the same is fake and forged ticket as the companion endorsement have been removed from the main ticket by keeping other details intact. Similarly companion ticket PW1/A2 is also fake and forged as there is no reference of main ticket and the cost has been increased at par of the main ticket and the name of his firm was 20 mentioned on the said ticket but the same was not issued by his firm as the companion ticket was to be issued by Air India only. Similarly the main eticket Ex. PW1/A3 and companion ticket Ex. PW1/A4, eticket Ex. PW1/B1, companion ticket Ex. PW1/B2, etickets Ex. PW1/C1, PW1/C3 and Ex. PW1/C4, companion tickets Ex. PW1/C2, PW1/C5 and Ex. PW1/C6, eticket Ex. PW1/D1, companion ticket Ex. PW1/D2, e tickets Ex. PW1/E1, PW1/E2, PW1/E4, Ex. PW1/E6, e ticket PW1/F1, companion ticket Ex. PW1/F2, etickets Ex. PW1/G1 to Ex. PW1/G3 and companion tickets Ex. PW1/G4 to Ex. PW1/G6, etickets Ex. PW1/H2 and Ex. PW1/H4, companion tickets Ex. PW1/H5 and Ex. PW1/H6, e tickets Ex. PW1/J2 and Ex. PW1/J5, companion tickets Ex. PW1/J4 and Ex. PW1/J7, e ticket Ex. PW1/K1, companion ticket Ex. PW1/K2, e ticket Ex. PW1/L1, companion ticket Ex. PW1/L2, e ticket Ex. PW1/M1, companion ticket Ex. PW1/M2, e ticket Ex. PW1/N1, companion ticket Ex. PW1/N2, e tickets Ex. PW1/O1, Ex. PW1/O2 and Ex. PW1/O6, companion tickets Ex. PW1/O3, Ex. PW1/O4 and Ex. PW1/O5, e tickets Ex. PW1/P1,Ex. PW1/P4, companion tickets Ex. PW1/P3, Ex. PW1/P2 are also forged and fake for the aforesaid reasons. All the 52 tickets/ main/companion enclosed with TA files of accused Lalhming Liana are fake and forged and no e ticket as enclosed in these files were ever been issued by his firm. His company has delivered the 21 genuine e tickets to accused at his email address.
He further stated that details of various agent coupons including the agent coupons of 22 etickets out of 26 mentioned in his letter Ex. PW5/B are available in Bill Settlement Plan Counpon Registers of his firm M. K. Tours & Travels.
He proved the Bill Settlement Plan Coupon Registers for the period 1.4.2012 to 30.4.2012 as Ex. PW5/G. Page No. 409, 438 and 439 of the said register contains main ticket Ex. PW5/G1, Ex. PW5/G2 and Ex. PW5/G3 issued in the name of accused, in which remark of companion free ticket in the names of Mr. Biakz, Mr. Sangzuala and Mr. L. T. Hlua are mentioned.
The Bill Settlement Plan Coupon Registers for the period 1.5.2012 to 18.5.2012 is Ex. PW5/D. Page No. 284 of the said register contains main ticket Ex. PW5/D1 issued in the name of accused, in which remark of companion free ticket in the name Ms. B. L. Rai is mentioned.
He also proved the Bill Settlement Plan Coupon Registers for the period 18.5.2012 to 31.5.2012 as Ex. PW5/H. Page No. 182 of the said register contains main ticket Ex. PW5/H1 issued in the name of accused, in which remark of companion free ticket in the name of Ms. Lalmuanpuii is mentioned.
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The Bill Settlement Plan Coupon Registers for the period 11.6.2012 to 30.6.2016 is Ex. PW5/J. Page No. 153 of the said register contains main ticket Ex. PW5/J1 issued in the name of accused, in which remark of companion free ticket in the name of Ms. V. L. Nanpari is mentioned.
The Bill Settlement Plan Coupon Registers for the period 1.7.2012 to 12.7.2012 is Ex. PW5/K. Page No. 209 of the said register contains main ticket Ex. PW5/K1 issued in the name of accused, in which remark of companion free ticket in the name of Mr. Lalviakzauva is mentioned.
The Bill Settlement Plan Coupon Registers for the period 1.8.2012 to 31.8.2012 is Ex. PW5/L. Page No. 264 of the said register contains main ticket Ex. PW5/L1 issued in the name of accused, in which remark of companion free ticket in the name of Mr. V. L. Peka is mentioned.
The Bill Settlement Plan Coupon Registers for the period 1.10.2012 to 15.10.2012 is already Ex. PW5/E. Page No. 91 and page no. 212 of the said register contains main ticket Ex. PW5/E1 and Ex. PW5/E2 issued in the name of accused, in which remark of companion free ticket in the name of Ms. V.L Nunpari are mentioned.
The Bill Settlement Plan Coupon Registers for the period 23 16.10.2012 to 1.11.2012 is Ex. PW5/M. Page No. 105 of the said register contains main ticket Ex. PW5/M1 issued in the name of accused, in which remark of companion free ticket in the name of Mr. L. H. Mawia is mentioned.
The Bill Settlement Plan Coupon Registers for the period 16.11.2012 to 15.12.2012 is Ex. PW5/N. Page No. 145 & 146 of the said register contains main ticket Ex. PW5/N1 and Ex. PW5/N2 issued in the name of accused, in which remark of companion free ticket in the name of Ms.Lalmuanpuii Sailo and Mr. L.H. Sangi are mentioned.
The Bill Settlement Plan Coupon Registers for the period 1.1.2013 to 31.1.2013 is Ex. PW5/O. Page No. 66 of the said register contains main ticket Ex. PW5/O1 issued in the name of accused, in which remark of companion free ticket in the name of Mr. Vanlalnum Sanga is mentioned.
The Bill Settlement Plan Coupon Registers for the period 1.2.2013 to 28.2.2013 is Ex. PW5/P. Page No. 174 of the said register contains main ticket Ex. PW5/P1 issued in the name of accused, in which remark of companion free ticket in the name of Mr. Vanlalnum Sanga is mentioned.
The Bill Settlement Plan Coupon Registers for the period 1.3.2013 to 31.3.2013 is already Ex. PW5/F. Page No. 32 and of the 24 said register contains main ticket Ex. PW5/F1 and Ex.PW5/F2 issued in the name of accused, in which remark of companion free ticket in the name of Ms. Lalmuanpuii Sailo and Mr. Lalthlamuana are mentioned.
The Bill Settlement Plan Coupon Registers for the period 1.4.2013 to 31.5.2013 is Ex. PW5/Q. Page No. 183 of the said register contains main ticket Ex. PW5/Q1 issued in the name of Mr. Vanlalnum Sanga in which remark of companion free ticket in the name of Ms. Lalchhanzuali is mentioned. Page No.184 contains main ticket Ex. PW5/Q2 in the name of Ms. V. L. Nunpari in which remark of companion free ticket in the name of Mr. L. H. Mawia is mentioned. Page No. 185 contains main ticket Ex. PW5/Q3 in the name of accused Lalhming Liana in which remarks of companion free ticket in the name of Mr. Lalthulhlunga is mentioned. Page No. 277 contains main ticket PW5/Q4 in the name of Ms. V. L. Nunpari in which remarks of companion free ticket in the name Ms. L. C. Zuali is mentioned. Page No. 278 contains main ticket Ex. PW5/Q5 in the name of accused Lalhming Liana in which remarks of companion free ticket in the name Mr. V. L. Nunsunga is mentioned. All the 22 tickets used for issuance of companion free scheme tickets. Four tickets got issued from M/s TSI and M/s Aasthja Travels were also used for issuance of companion free tickets.
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He further stated that vide his letter dated 7.11.2014 Ex. PW5/R he had given summary of tickets Ex. PW5/R1 issued in the name of accused Lalhming Liana and his family members. During the period April 2011 to March 2014 various tickets were issued in the name of accused Lalhming Liana, the cost of which were Rs. 88,61,144/ and the payment of Rs. 88,51,494/ was made by accused Lalhming Liana vide 36 cheques. Cash payment of Rs. 9650/ was also made by accused.
He further stated that proceedings dated 21.10.2014 Ex. PW17/A bears his signature at point B on all the pages. Along with the said proceedings, there are print outs of e tickets Ex. PW17/B which which were taken out from emain ie [email protected] in his presence. All the 34 main/companion tickets were retrieved from sent item of his email id through aforesaid proceedings. The tickets went by him were used by accused Lalhming Liana for reimbursement and he had forged all the etickets by deleting the cross reference of companion and enhance the fare. He had also made claim of companion free scheme ticket at par of full fare ticket.
He further stated that file Ex. PW25/A contained original e ticket number 0982105281781. This is the companion free scheme ticket issued in the name of L. H. Mawia for the main ticket no. 0982631334302. It bears the logo of Air India and it is the original 26 companion free scheme ticket which is Ex. PW5/S. His firm used to get issued the companion free scheme tickets with the main ticket number and made available to accused. The aforesaid companion ticket was issued by Air India in the name of Sh. L. H. Mawia which was made available to accused at his email ID. He forged the same for the purpose of TA claim. The CFS tickets enclosed with TA bills of accused are fake and forged. File containing proceedings of eticket retrieval from the email ID of accused is Ex. PW5/T( colly). All the email forwarding has been made by M. K. Tours and Travels enclosing the attachments which contained etickets.
15 PW6 is Sh. Pankaj Sharma. He deposed that he has been working as General Manager in M/s TSI Yatra Pvt Limited since February, 2011. He stated that vide letter dated 22.9.2014 Ex. PW6/A Sh. Sandeep Garg, DGM ( Accounts), YSI Yatra Pvt Ltd had provided copy of Etickets, invoices and details of payment received for issuance of tickets for M/s M. K. Tours & Travels to CBI. He also proved the invoices Ex. PW6/B for tickets Ex. PW6/C bearing signatures of Sh. Naseem Ahmed along with seal of TSI Yatra Pvt Ltd. He also stated that ticket No. 0989093708948 Ex. PW6/D was issued for 7.3.2012. There is a reference of companion free ticket in the name of Mr. Lalthlamuana son of passenger for which main ticket was issued. Ex. PW1/K1 is travel 27 itinerary in respect of ticket Ex. PW6/D. On comparison of eticket Ex. PW6/D with Ex. PW1/K1, it is clear that reference of companion is not mentioned in the ticket Ex. PW1/K1. The name of the companion has been removed in Ex. PW1/K1. Letter dated 31.12.2014 Ex. PW6/E is signed by Sh. Abhijit Chakraborti, the then accounts executive at point A and the certificate as per Section 65B of Indian Evidence Act of Sh. Abhijit Chakraborti bearing his signatures at Point A is Ex. PW6/F. 16 PW7 is Sh. Laxhman Singh Manager, Air India, Safdarjung Airport. He deposed that he has been associated with air ticketing and conversant with procedure regarding issuance of tickets and also regarding tickets issued under Companions Free Scheme ( CFS). Air India launched the scheme of companions free tickets in the year 2012 for domestic as well as for international sector. This scheme was closed for domestic section in 2013. He narrated the procedure for for issuance of CFS tickets. He further stated that he can identify the signatures of Sh. Debashish Bose, the then DGM Vigilance, Air India and Ms. Prasanna Kaushik, Manager Air India. Letter dated 1.9.2014 Mark PW7/A was issued by Sh. Debashish Bose. Summary sheet Ex. PW7/B bears signature of Ms. Prasanna at point A. This summary sheet contains 11 main tickets and corresponding companion tickets and the name of passengers, itinerary, fare, date of travel and office issuing are 28 also mentioned therein. Etickets Ex. PW7/C ( colly ) are certified by Ms. Prasanna Kaushik Manager Air India.
He further stated that letter dated 17.10.2014 Mark PW7/D was issued by Debashish Bose, the then DGM Vigilance. The summary sheet Ex. PW7/D1 containing 07 main tickets and corresponding companion tickets and the name of passengers, itinerary, fare, date of travel and office issuing bears the signature of Ms. Prasanna Kaushik. Etickets duly certified by Ms. Prasanna Kaushi are Ex. PW7/E ( colly) and the ticket history duly certified by Ms. Prassanna Kaushik bearing her signature along with official at point A are Ex. PW7/F ( colly ).
He further stated that letter dated 9.9.2014 Mark PW7/G was issued by Sh .Debashish Bose. The summary sheet Ex. PW7/G1 bears signature of Ms. Prasanna Kaushik contains 03 main tickets and corresponding companion tickets and the name of passengers, itinerary, fare, date of travel and office issuing are also mentioned therein. He further stated that etickets duly certified by Ms. Prasanna Kaushik, Manager, Air India are Ex. PW7/H ( colly ). Letter dated 9.9.2014 Mark PW7/J was issued by Sh. Debashish Bose, the then DGM Vigilance. The summary sheet Mark PW7/J1 contains 12 main tickets and corresponding companion tickets and the name of passengers, itinerary, fare, date of travel and office issuing were also mentioned therein. The 29 details of etickets duly certified by Ms. Prasanna Kaushik Manager, Air India are Ex. PW7/K ( colly ).
He further stated that tickets Ex. PW1/A2, Ex. PW1/A3, Ex. PW1/A4, Ex. PW1/B, Ex. PW1/B1, Ex. PW1/B2, Ex. PW1/C, Ex. PW1/C1, Ex. PW1/C2, Ex. PW1/C3, Ex. PW1/C6, Ex. PW1/C4, Ex. PW1/C5, Ex. PW1/D1 and Ex. PW1/D2 in TA bill files Ex. PW1/A, Ex. PW1/B, Ex. PW1/C and Ex. PW1/D are forged and the tickets in Ex. PW7/E are the genuine tickets.
He further stated that tickets Ex. PW1/E1, Ex. PW1/E2, Ex. PW1/E4, PW1/E6 placed in file Ex. PW1/E are forged tickets and the tickets in Ex. PW7/K are the genuine tickets.
He further stated that tickets Ex. PW1/G1, Ex. PW1/G2, PW1/G3, PW1/G4, PW1/G5, PW1/G6 placed in file Ex. PW1/G are forged tickets and the tickets in Ex. PW7/K are the genuine tickets.
He further stated that tickets tickets Ex. PW1/H2, Ex. PW1/H5, Ex. PW1/H4, Ex. PW1/H6 placed in TA bill file Ex. PW1/H are forged and the tickets in Ex. PW7/K are the genuine tickets.
He further stated that tickets Ex. PW1/J2, Ex. PW1/J4, Ex. PW1/J5, Ex. PW1/J7 placed in file Ex. PW1/J are the forged tickets and the tickets in Ex. PW7/K are the genuine tickets.
He further stated that tickets Ex. PW1/K1 and Ex. PW1/K2 30 placed in file Ex. PW1/K are for the forged tickets and the ticket Ex. PW7/C is the genuine one.
Similarly tickets Ex. PW1/L1, PW1/L2 placed in file Ex. PW1/L are forged ticket and ticket in Ex. PW7/C are the genuine ticket. The tickets Ex. PW1/M1, Ex. PW1/M2, Ex. PW1/N1, Ex. PW1/N2, Ex. PW1/O1, Ex. PW1/O3, Ex. PW1/O2, Ex. PW1/O4, Ex. PW1/O6,Ex. PW1/O5, Ex. PW1/P1, PW1/P3 placed in file Ex. PW1/M, Ex. PW1/N, Ex. PW1/O and PW1/P are the forged tickets and the tickets in Ex. PW7/C and Ex. PW7/H are the genuine tickets.
He further stated that tickets Ex. PW1/P4, Ex. PW1/P2 placed in file Ex. PW1/P are the forged tickets and the tickets in Ex. PW7/C are the genuine tickets.
17 PW8 is Sh. Parmod Arora. He deposed that M/s Aastha Travels Pvt Ltd came into existence in the year 1994. The international Air Transport Association approval was accorded to this company in the year 1999. The company deals in air ticketing for domestic and international sectors. During the period 2012 the company was represented by its directors Sh. Hari Shankar Bindal and Mrs. Sangeeta Bindal.
He further stated that he joined the company as Field Assistant in the year 1996 and from 2012 onwards he is looking after 31 payments from the client which includes individual, corporates and sub agents. The companion free scheme of Air India was launched sometime in the year 2012 and it was available for any passenger in domestic and international sector. The reference of companion ticket to be issued is mention at the time of issuance of main ticket. After issuance of main ticket, companion ticket was issued from the office of Air India only. No agent can issue the ticket under companion free scheme. The travel agent may visit Air India's office for issuance of companion free scheme ticket under proper authorization from the individual client /passenger/user. The companion free scheme ticket charges only taxes which is quite cheaper in comparison to the main ticket. The ticket issued under companion free scheme contains reference of main ticket against which companion free scheme ticket has been issued.
He stated that vide letter dated 3.9.2014 Ex. PW8/A bearing his signatures at point A and that of Sh. Hari Shanker Bindal, Managing Director of M/s Aastha Travels Pvt Ltd at point B, three bills of tickets and other details were forwarded to SP CBI. Invoice number D1213120 dated 29.10.2012 Ex. PW8/B was raised for issuance of ticket no. 0982251615710 as per request of M/s M. K. Tours & Travels. This ticket is in the name of accused Lalhming Liana for journey dated 31.10.2012, 32 for Delhi Bangalore Air India Flight and the fare mentioned in the invoice is Rs. 43,458/ after discounts. It bears the signature of Sh. Satish Chader, Chief Accountant officer of M/s Aastha Travels Pvt Ltd at point A along with seal of the company.
Invoice bearing Number D1213945 and D1213944, both dated 14.11.2012 were raised for issuance of ticket no. 09826308730321 and 0982630873032 as per request of M/s M. K. Tours & Travels, in the name of accused Lalhming Liana and Sh. V. N. Tlunga respectively. The fare mentioned in both the invoices are 46,373/ after discount and other statutory additions and it also bears the signature of Sh. Satish Chader, Chief Accountant officer of M/s Aastha Travels Pvt Ltd at point A along with seal of the company. Both the invoices are collectively Ex. PW8/D. Bill No. 2659 Ex. PW1/C contains various etickets issued in the name of accused Lalhming Liana and others. Eticket Ex. PW1/C1 is the same as mentioned in invoice Ex. PW8/B and all the particulars of the ticket are same. Eticket Ex. PW1/C3 is the same as mentioned in invoice D1213945 Ex. PW8/C and all the particulars of the ticket are same. The fare on the eticket has been shown as Rs. 47095/ whereas the total amount raised by his company on M/s M. K. Tours & Travels was Rs. 46545/. Eticket Ex. PW1/C4 is similar to invoice Ex. PW8/C in terms of name of passenger, date of journey, flight number and sector 33 etc. The fare is Rs. 47095. However, the fare shown on the invoice of the company is Rs. 46545/.
He further stated that vide letter dated 10.9.2014 Ex. PW8/E bearing his signatures at point A and that of Sh. H . S. Bindal Managing Director of his company at point B, he had submitted original prints of three tickets made available by Air India. The tickets are collectively Ex. PW8/F. As per itinerary in respect of tickets Ex. PW8/F companion free ticket was issued against each main tickets and reference to this effect is available on the main ticket. There is an endorsement on Eticket no. 982251615710 Ex. PW8/F that "AVLG COMPANION FREE SCHEME OFFER COMPANIAN NAME MR. L. H. MAWIA(SON). However, this endorsement is not on e ticket Ex. PW1/C1. On etickets no. 0982630873031 and 0982105281782 which are Ex. PW8/F (colly) there is an endorsement AVLG COMPANIAN FREE SCHEME OFFER COMPANIAN NAME MS. NANI(DAUGHTER) AND AVLG COMPANIAN FREE SCHEME OFER COMPANIAN NAME MR. R. K. ZUALA (SON), whereas there is no such endorsement on the tickets Ex. PW1/C3 and Ex. PW1/C4. Reference of companion has been deliberately removed from etickets Ex. PW1/C1, Ex. PW1/C3 and Ex. PW1/C4.
18 PW9 is Sh. Rajendra Singh Rawat. He deposed that he 34 was working as Manager in Parliament House Branch of State Bank of India since April, 2013. Vide letter dated 27.8.2014 Ex. PW9/1 he had furnished original account opening form of account no. 10023820070 of accused Lalming Liana and certified copy of statement of account of the said account for the period 1.1.2012 to 31.12.2013 which are collectively Ex. PW1/B. As per statement of account Ex. PW9/B various entries of TA/DA have been credited in the aforesaid account on different dates. The payments have been made through cheques by accused Lalming Liana which are also reflected in the statement of account.
As per original specimen signature card/account opening form of accused Lalhming Liana Ex. A17, the account was opened on 23.7.2002 at SBI Parliament House Branch, N. Delhi. The old account number is 505724 and new account number is 10023820070. Vide letter dated 16.12.2014 Ex. PW9/C details of TA/DA proceeds credited in the account no. 10023820070 of accused Lalhming Liana was provided to CBI. He had also handed over certified copy of voucher and statement of account collectively Ex. PW9/D, to SP CBI giving the details ie cheque number, date, amount and date of credit in respect of 19 cheques as mentioned in his letter Ex. PW9/C. 19 PW10 is Sh. Anil Kumar Sr. Scientific OfficerII. He 35 deposed that on 12.9.2014 his office received certain documents for examination and comparison. He examined the documents and gave his report dated 7.11.2014 Ex. PW10/B which was forwarded vide letter Ex. PW10/A bearing signature of Dr. Rajinder Singh, Director, CFSL. He opined that the person who had written marked A1 to A38 and S1 to S24 attributed to accused Lalhming Liana has also written Q1 to Q137 and Q7A.
20 PW 11 is Sh. Rajbir Singh. He deposed that in June, 2014 he was working as driver for accused Lalhming Liana, the then MP ( Rajya Sabha) who was residing at Flat No. 502, Brahmputra Apartment, Dr. B. D. Marg, N. Delhi. In the year 2014 CBI team arrived at the residence of accused Lalhming Liana. On that day accused was not present as he had gone to Aizwal, Manipur. Somebody called him over telephone and instructed to present before them. When he reached the spot, he came to know that they were CBI officials. He told them that accused had gone to Aizwal, Manipur. Therefore, he arranged the talk of CBI officials with accused over his mobile. During telephonic talk, CBI team explained the purpose of visit and accused informed that the key of Flat no. 502 was with him and he would be available in Delhi in next week. Thereafter, it was decided to seal the said flat and the above said 36 flat was sealed in his ( PW11) presence, vide sealing memo Ex. PW11/A. He was instructed not to cause damage to the seal and to inform them on their mobile about arrival of accused in Delhi. Thereafter, approximately one week later, he informed the CBI about the arrival of accused. When accused arrived at his flat, the seal of the said flat was broken in his presence and in the presence of accused. An independent witness was also present along with CBI team and search was conducted in presence of accused Lalhming Liana. 21 PW12 is Sh. S. K. Aggarwal. He deposed that at the relevant time he was posted as Chief Manager, State Bank of India, Green Park Extn. New Delhi. Vide his letter dated 21.11.2014 Ex. PW3/A he had handed over to SP, CBI certified copy of customer information sheet Ex. PW3/A1, certified copy of specimen signature of account holder Ex. PW3/A2, duly certified copy of statement of account of account no. 30858845508 of M/s M. K. Tours & Travels for the period 1.1.2012 to 31.12.2013 Ex. PW3/A3. The certificate U/s 2A of Banker's Book of Evidence Act is Ex. PW3/A4.
22 PW13 is Sh. Akash Poddar. He deposed that in September, 2014 he was working as Chief Operating Officer with TSI Yatra Pvt Ltd. On the request of CBI, vide his letter dated 25.9.2014 Ex. PW13/A he 37 had provided the information to CBI as mentioned in the letter. 23 PW14 is Sh. Sandeep Garg. He deposed that in September 2014, he was working as Dy. General Manager ( Accounts ) in TSI Yatra Pvt Ltd. Vide his letter dated 22.9.2014 Ex. PW14/A he had provided information to CBI as requested by them. Etickets, copy of invoices for issuance of ticket to M/s M. K. Tours & Travels and details of payment received for issuance of the tickets which are Ex. PW6/B, PW6/C and Ex. PW6/C bears the signature of Sh. Naseem Ahmed Asst. Manager at point A which he identify. These documents are further exhibited as Ex. PW14/B ( colly ). The photo copy also bears signature of Sh. Naseem Ahmed at points B along with seal of the company which are Ex. PW14/B. 24 PW15 is Sh. Naseem Ahmed. He deposed that in September, 2014 he was working as Asst. Manager ( Accounts ) in TSI Yatra Pvt Ltd. Documents Ex. PW6/B, Ex. PW6/C and Ex. PW6/D bears his signature at points A. The print out of the said documents were taken in his presence from the computer which was in the custody of Sh. Abhijit Chakraborty Accounts Executive in the aforesaid company and after verifying the same, he had handed over these documents to CBI. Certificate U/s 65 B of Indian Evidence Act Ex. PW6/F also bears the 38 signatures of Sh. Abhijit Chakraborty at point A. 25 PW16 is Sh. Shashi Shekhar. He deposed that in September, 2014 he was posted as Asst. Manager, SBI at Parliament House Annexe, New Delhi. Vide seizure memo dated 8.9.2014 Ex. PW16/A he had provided to CBI account opening form of account No. 10115354576 Ex. A/15 of accused Lalhming Liana along with letter dated 6.9.2002 of Sh. L. Liana and form 60 which are collective Ex. PW16/B. Ex. PW16/B and Ex. A/15 were provided by him to CBI from his official record.
26 PW17 is Sh. Sati Prasad. He deposed that on 21.10.2014 he was posted as Head Clerk in Delhi Jal Board, VarunalayaII, Karol Bagh, N. Delhi. On that day on the instructions of his senior officers, he had visited CBI office where Sh. Manoj Tharad of M/s M. K. Tours & Travel and Sh. N. K. Sharma JE ( Civil ) DJB were also present. Print outs of E tickets from the email id of M.K. Tours were taken in their presence. The password of emain id was again changed. He was told that email id of M/s M.K. Tours was earlier also changed on 13.6.2014. The proceedings drawn on 21.10.2014 Ex. PW17/A were correctly made and he signed the same in token of its correctness. The printouts of 14 tickets taken in his presence are collectively Ex. PW17/B. The envelope 39 Ex. PW17/C on which "password of email id [email protected]"
is written bear his signatures at point A having one white paper Ex.
PW17/D on which password is written.
27 PW18 is Sh. K. K. Rai. He deposed that on 8.8.2014 he was posted as Jr. Engineer ( vigilance) DJB, Varunalaya, Phase II, Karol Bagh, N.Delhi. He had visited the CBI office on the instructions of his senior. On that day specimen hand writing, signatures/writing of accused Lalhmikng Liana was taken in his presence which was given by accused voluntarily. He had signed the said specimen signature/writings Ex. A16.
28 PW19 is Sh. Naresh Joshi. He deposed that on 13.6.2014 he was posted as LDC in Delhi Jal Board. On that day, on the instruction of his senior, he acted as independent witness and became part of CBI team and went to MP's flat no.502, Brahmputra Apartment, Dr. B. D. Marg, N.Delhi to conduct search. The flat was found locked. Sh. Rajvir @ Raju was called from servant room of the area and he informed that accused Lalhming Liana had gone to Mizoram on 12.6.2014. Thereafter, Rajvir @ Raju called accused Lalhming Liana on 40 his mobile number and accused was informed about the search. Accused informed that key of the said flat was with him and he will be available in Delhi only in the next week. IO Insp. M. C. R. Mukund informed that search would be conducted only when accused would come and it was decided to seal the said flat. The flat was sealed vide sealing memo Ex. PW11/A bearing his signature at point B. 29 PW20 is Sh. Tarnav Bansal. He deposed that on 13.6.2014 he was working as Asst. GradeIII ( Depot ) Food Corporation of India. He is also one of the independent witness who joined CBI team for conducting search at Flat No.5021, Brahmputra Apartment, Dr. B. D. Marg, New Delhi. He deposed on the lines of PW19 and corroborated the statement of PW19. The sealing memo Ex. PW11/A bears his signature at point C. 30 PW21 is Sh. Debashisbh Bose. He deposed that in the year 2014 he was posted as Dy. General Manager ( Vigilance ) Air India, New Delhi. Vide letter dated 1.9.2014 Ex. PW21/A he had handed over to CBI certified copies of 11 electronic tickets Ex. PW7/B ( colly ) and the companion free tickets issued thereon Ex. PW7/C ( colly ) bearing signature of Mrs. Prasanna Kaushik, Manager ( commercial ) Air India at 41 point A on all the pages along with official seal which he identify. Vide his letter dated 17.10.2014 Ex. PW21/B he had forwarded to CBI details of passengers travelled and other details Ex. PW7/D1, tickets Ex. PW7/E, ticket history Ex. PW7/F. All these documents bear signatures of Smt. Prasanna Kaushik Manager ( Reservation ) Air India, which he identify. Vide his another letter dated 9.9.2014 PW21/C he had forwarded to CBI details of three tickets Ex. PW7/G1 and electronic ticket details Ex. PW7/H. Vide his another letter which is also dated 9.9.2014 Ex. PW21/D he had forwarded to CBI details of 12 tickets Ex. PW21/E ( colly ). Electronic ticket details Ex. PW7/K was also forwarded by him to CBI.
31 PW22 is Sh. Sirish Chander Dixit. He deposed that since 2012 he was working as Joint Director, Rajya Sabha Secretariat, Parliament House, N. Delhi. The TA/DA bills came to him at the final stage for passing by MSA Branch through proper channel and he used to sign the same. Thereafter, the bills goes to Pay & Account branch for payment. He had dealt with TA/DA bills of accused Lalhming Liana. Before passing the bills he had received the folder which includes the specimen signatures of the claimant which he used to tally before finally passing the bills.
Vide letter dated 2.9.2014 Ex. PW22/A he had forwarded to 42 CBI Gazette Notification dated 19.7.2002 & 19.7.2008 Ex.PW22/A1, letter dated 26.11.2010 of accused Lalhming Liana along with letter dated 23.11.2010 of M/s M.K. Tours and Travels Ex. PW22/A2, specimen signatures of accused Lalhming Liana Ex. PW22/A3, details of payment made to accused for the journey period from 20.11.2012 to 30.3.2013 Ex. PW22/A4. The bills claimed by accused Lalhming Liana and passed by him ( PW22) is Ex. PW22/A5. As per Gazette Notification Ex. PW22/A1 accused Lalming Liana was Member of Rajya Sabha for two terms from 19.7.2002 to 18.7.2008 and from 19.7.2008 to 18.7.2012. Copy of standard signatures furnished by him Ex. PW22/A3 was used to ascertain his signatures appearing on enclosed E tickets.
He also deposed that TA bill Ex. PW1/A for payment of Rs. 2,80,024/, TA bill Ex. PW1/B for payment of Rs. 1,42,789, TA bill Ex.PW1/C for payment of Rs. 4,08,413/, TA bill Ex.PW1/D for payment of Rs.1,73,670/, TA bill Ex. PW1/E for payment of Rs.2,82,256/, TA bill Ex. PW1/F for payment of Rs.2,85,925/ TA bill Ex. PW1/G for payment of Rs. 3,90,193/, TA bill Ex. PW1/H for Rs.5,68,638/, TA bill Ex. PW1/J for Rs. 2,75,171, TA bill Ex. PW1/K for Rs. 3,84,386/, TA bill Ex. PW1/L for Rs. 2,40,297/, TA bill Ex. PW1/M for Rs. 1,66,825/, TA bill Ex. PW1/N for Rs. 3,07,775/, TA 43 bill Ex. PW1/O for Rs. 4,83,950/, TA bill Ex. PW1/P for Rs. 4,68,778/ and TA bill Ex. PW1/Q for Rs. 1,73,670/ were submitted by accused Lalhming Liana. The bills bear the signatures of accused Lalhming Liana at point A. All the aforesaid bills except Ex. PW1/C and Ex. PW1/J bears his (PW22) signatures at point 'C ' in token of approval of the same. Bill Ex. PW1/C bears signature of Sh. Vinay Shankar Singh who was holding charge of Joint Director which he identify and Ex. PW1/J bear signatures of Sh. B. Sorabji. Payments of all the above TA bills were made to accused Lalhming Liana through different cheques.
Vide another letter dated 5.11.2014 Ex. A18 he had provided information to SP CBI, ACIII.
32 PW22 was recalled for further examination vide order dated 15.1.2018.
In his further examination he deposed that on 1.11.2013 he was posted as Joint Director, Rajya Sabha Secretariat. Vide production cum seizure memo dated 1.11.2013 Ex. PW34/A (Colly ) bearing his signature at point A, transit register in original was seized by Insp. Ajit Kr Pandey of CBI.
33 PW 23 is Smt. Prasanna Kaushi Manager ( commercial 44 department), Air India Ltd. She deposed about the procedure of issuance of tickets and also the tickets issued under Companions Free Scheme. She deposed on the lines of PW7 ( who is also Manager, Air India) and has corroborated his statement in toto. 34 PW24 is Sh. Abhijit Chakravarti. He deposed that he joined M/s TSI Yatra Pvt Ltd in the year 2005 as Accounts Executive. Earlier this company was known as TSI North East Travels Pvt Ltd. He left the company on 12.1.2015. As an accountant he was assigned with the duty of making payment to the vendors, forwarding of statements of tickets to the sub agents and others etc. Letter dated 22.9.2014 Ex. PW6/A was issued by Sh. Sandeep Garg, DGM ( Account ) He identify the signatures of Sh. Sandeep Garg on this letter at point A. Invoices Ex. PW6/B ( colly ) raised on M/s M. K.Tours & Travels against issuance of tickets bear signatures of Sh. Naseem Ahmed, accountant at the relevant time, at point A on all the pages which he identify. These invoices were made available by him to Sh. Sandeep Garg, the then DGM. Details of the tickets Ex. PW6/C ( colly ) also bears the signature of Sh. Naseem Ahmed along with seal of the company. Page 11 of Ex. PW6/C contains ticket No. 0989093708948 dated 7.3.2012 issued in the name of accused Lalhming Liana. There is a reference of companion 45 free ticket in the name of Sh. Lalthlamuana, son of the passenger for which the main ticket was issued. Letter addressed by him to SP ACU VIII CBI dated 31.12.2014 Ex. PW6/E bears his signature at point A. Certificate U/s 65 B of Indian Evidence Act regarding the printout of invoices taken out and the etickets is Ex. PW6/F. 35 PW25 is Sh. Narender Kumar Sharma. He deposed that he joined Delhi Jal Board in the year 1990 as Junior Engineer (JE). On 23.6.2014, on the instruction of his senior he went to CBI office at about 9.00/9.15 AM and met Insp. M. C. R. Mukund who explained him that search is to be conducted at the residence of accused Lalhming Liana at H. No. 502, Brahmputra Apartments, Dr. B. D. Marg, N. Delhi. He was also informed that residence to be searhed was already sealed by CBI. Accordingly, he along with CBI team and Ravi Malik JE ( Civil ) NDMC, New Delhi went to the residence of accused. Premises was sealed and locked. Seal was intact. He was introduced to accused Lalhming Liana. Premises was desealed and unlocked in his presence. Thereafter, search was conducted and various documents/articles were seized by CBI vide search list Ex. A19 prepared in his presence. Seized articles were mentioned at Sr. No. 1 to 6 of the search list which comprises of documents as well as one hard disk and printer. The hard disc was taken from the installed computer at the residence of accused 46 Lalhming Liana. The hard disc and printer mentioned at Sr. no. 5 & 6 respectively of search list were duly sealed by CBI by wrapping into white cloth. He signed on the sealed articles and also on the sealing memo containing specimen of the seal. File mentioned at Sr. No. 1 of the search list Ex. PW25/A contains bunch of papers including air tickets, payment of bills to M/s M. K. Tours & Travels and other papers pertaining to purchase of air tickets. Page no. 58 of this file is ticket No. 0982105281781 issued by Air India in the name of Sh. L. H. Mawia. He signed on the ticket at point A in token of same being seized from the residence of accused. The air tickets placed at page no. 62 to 66, various bills/cash memos of M/s M.K. Tours & Travels raised on accused at pages 73 to 80 also bears his signature at point A. All the documents/articles seized as per the search list were signed by him and the other witness Sh. Ravi Malik. The same were also signed by accused Lalhming Liana at point B. Again on 13.12.2014, on the instruction of Vigilance Department DJB, he visited CBI office and was introduced to accused Lalhming Liana by Insp. M. C. R. Mukund. He was briefed about retrieval of email from the email account of accused [email protected] which was opened by the accused voluntarily in his presence by using the password. The emails available in the inbox, 47 sent, trash were checked. He was also shown details of tickets enclolsed with TA bill files of accused Lalhming Liana. He was also shown the TA bills file Ex. PW1/H and Ex. PW1/J to Ex. PW1/M containing various etickets. He checked the emails of accused to ascertain whether these tickets were lying in the email account but none of the e mails pertaining to the aforesaid etickets were available. Thereafter, printouts of various emails received/sent by Sh. Manoj Kumar Tharad at email [email protected] from [email protected] were taken. The proceedings drawn Ex. A20 ( colly ) bears his signature at point A. Accused also signed the said proceedings at point B. After perusing emain account of accused, he ( PW25) was asked to change the password by generating new password. He accordingly change the password with the newly generated password and kept in an envelope which was sealed in his presence. He identify his signatures at point A and that of accused at point B on the brown colour envelope Ex. PW25/B on which Changed Password is written and the white paper in the envelope on which the password is written is Ex. PW25/C 36 PW26 is Ms. Roopam Sharma. She deposed that during the relevant period she was posted as Dy. General Manager in Air India, Safdarjung Airport, N. Delhi. She deposed that she had given certificate 48 U/s 65B of Indian Evidence Act Ex. PW26/A in respect of air tickets Ex. PW7/C ( colly), Ex. PW7/E ( colly), Ex. PW7/H ( colly) and Ex. PW7/K ( colly) which were forwarded to CBI vide letters dated 25.8.2014, 4.9.2014, 5.8.2014 and 5.9.2014. The print out of the tickets were taken from the official computer installed in her office. The certificate was given by him as he was holding the post of Dy. General Manager.
37 PW 27 is Sh. Rabindra Padhan. He deposed that in June 2014 I was posted as Inspector CBI AC III. On 13.6.2014 at about 7.30 am, he along with other CBI team members and two independent witnesses namely Naresh Joshi and Tarnav Bansal reached at MP's flat No. 502 Brahmputra Apartments, Dr. B. D. Marg, New Delhi to conduct the search on the basis of search warrant dated 12.6.2014. The flat was found locked. On making mobile number of Rajbir @ Raju has been arranged from the servant room. At about 12.30 PM Sh. Rajbir @ Raju reached at the said flat and informed that Sh Lalhming Liana, the then MP has gone to Mizoram in the morning of 12.6.2014. Sh. Rajbir then contacted accused Lalhming Liana on his mobile phone and told him about the search warrant. Accused informed that key of the said flat was with him and he would be available in Delhi in next week. The flat was sealed in the presence of two independent witnesses vide sealing memo 49 Ex. PW11/A bearing his (PW27) signatures at point D. 38 PW28 is Sh. Gaurav Shukla. He deposed that on 13.6.2014 he was posted as UDC in the office of Asst. Commissioner Distribution, DJB HQ at Jhandewalan, Delhi. On the instructions of his senior, he went to CBI office at Lodhi Road in the morning. He left CBI office at around 77.15 am and reached office of M/s M.K. Tours at Yusuf Sarai Market, Delhi. Office was found closed. At about 10.30 am some employee of M/s M. K. Tours opened the office after which we entered the premises. CBI team had told the said employee that they had a warrant to search the premises. During search CBI team asked about the issuance of air tickets to accused Lalhming Liana, MP. The proprietor of M. K. Tours and Travels reached the premises at about 1200 noon who stated that main tickets were issued from the computer installed in his office. He further informed that as per the request of accused Lalhming Liana he got the companion free ticket ( CFS) issued from Air India Office in cash and sent the same to accused on his email ID through email of his firm. Thereafter, he along with other independent witness Sh. Dinesh Yadav had taken print out of the emails sent to accused Lalhming Liana. After that password of email ID of M. K. Tours and Travels were changed which was written on a piece of 50 paper which was signed by them and sealed in an envelope. The items mentioned in the search list dated 13.6.2014 Ex. PW28/A were seized and sample of specimen of seal was taken on a piece of paper. File containing printouts dated 13.6.2014 is Ex. PW5/A bearing his signatures at point B. 39 PW29 Sh. Satish Chander. He deposed that he was working as accountant with M/s Aastha Travels Pvt Ltd since 1994. Letter dated 3.9.2014 Ex. PW8/A written by Sh. Harishankar Bindal, the then Managing Director of M/s Aastha Travels Pvt Ltd. He identify the signatures of Sh. Harishankar Bindal at point B and signature of Sh. Parmod Arora, an employee of his company at point A on this letter. Invoices Ex. PW8/B and Ex. PW8/C and certificate U/s 65 B of Indian Evidence act bear his signatures at point A. Another letter dt 10.9.2014 Ex. PW8/E bear the signatures of Sh. Parmod Arora at point A and that of Sh. Harishankar Bindal at point B. The three air tickets Ex. PW8/F also bear the signatures of Sh. Parmod Arora at point A. 40 PW30 is Sh. Varun Dewan. He deposed that he was with M/s TSI Yatra Pvt Ltd since 2011. Earlier the name of this company was TSI, North East Travels Pvt Ltd. He was dealing with issuance, 51 refund, voidation of international tickets and also liasoning with respective airlines for the purpose of having all the help related to above job tasks. Air India had launched Companion Free Scheme in the year 2012 for Domestic and International Sector under which the main ticket is issued by the travel agent but the companion ticket is issued by Air India. Travel agent while issuing main ticket has to mention the name and relationship of the companion on the main ticket and the companion ticket is given by Principal Airlines. Only taxes are to be paid for the companion tickets. Letter dated 22.9.2014 Ex. PW6/A is written by Sh. Sandeep Garg DGM ( Acct) of M/s TSI Yatri Pvt Ltd to SP CBI along with air ticket, invoices and details of payment of issuance of tickets. These invoices Ex. PW6/D ( colly ) were issued by M/s M. K. Tours and Travels against issuance of tickets and bear stamp of his company and signatures of Naseem Ahmed the then legal advisor at point A. Ticket No. 0989093708948 dated 1.3.2012 is issued in the name of Lalhming Liana and reference of companion free ticket is in the name of Mr. Lalthlamuna son of passenger for which main ticket is issued. 41 PW31 is Sh. M. C. R. Mukund, Dy. SP ACVI,CBI, New Delhi. He is IO of the case. His testimony shall be considered at a later stage as and when required.
52 42 PW32 is Sh. Gautam Roy. He deposed that on 24.12.2014 he was posted as SSO1 ( photo) & HOD ( Computer Forensic Division), CFSL, CBI, New Delhi. Letter dated 19.9.2014 Ex. PW 31/F written by SP CBI was received by his subordinate Sh. Sanjeev. Vide this letter he had received one hard disc in a sealed parcel with intact seals. As per the annexures attached with the forwarding letter, all the key words, e tickets were recovered. The printout taken from the mirror image of ten e tickets of different dates are Ex. PW32/A ( colly ). Letter dated 30.12.2014 signed by Dr. Rajender Singh, the then Director CFSL, CBI, N. Delhi at point A is accompanied by report of hard disk examination dated 24.12.2014 and all the ten e tickets which were taken for scientific analysis, bearing his signatures at point B. Letter dated 30.12.2014 along with hard disc examination report and printouts of electronic tickets are Ex. PW32/B( colly). Letter dated 15.7.2014 with the title 'Hard Disk Examination is signed by him on both the pages at point A and is Ex. PW32/C. The brown envelope Ex. 1 bearing his signature is Ex. PW32/D and the Seagate Hard Disk is Ex. PW32/F. 43 PW33 is Sh. P. Narayanan. He deposed that on 1.11.2013 he was working as Pay & Account Officer, Rajya Sabha, New Delhi. Vide production cum seizure memo dated 1.11.2013 he had produced the documents as mentioned in the memo to Ajit Kumar Pandey, the then 53 Insp. CBI. The production cum seizure memo along with the documents therein is Ex. PW33/A ( colly ).
He further stated that vide 12 production cum seizure memos, all dated 4.11.2013 he had produced the documents as mentioned in the aforesaid memos to Ajit Kumar Pandey, the then Insp. CBI. The aforesaid production cum seizure memos along with the respective documents mentioned therein are Ex. PW33/B to Ex. PW33/M. He further stated that vide other 12 production cum seizure memos, all dated 5.11.2013 he had produced the documents as mentioned in the aforesaid memos to Ajit Kumar Pandey, the then Insp. CBI. The aforesaid production cum seizure memos along with the respective documents mentioned therein are Ex. PW33/N to Ex. PW33/Y. 44 After the conclusion of prosecution evidence, statement of accused was recorded u/s 313 Cr.P.C. He claimed to be innocent and to have been falsely implicated in this case. He preferred to examine himself in his defence.
45 DW1 Sh. Lalhming Liana ( Accused). He deposed that he was a member of Rajya Sabha twice, firstly from 2002 to 2008 and 54 thereafter from 19.7.2008 to 18.7.2004. He was entitled to get 34 free single air journey tickets with CFS as and when said CFS scheme was in operation, these 34 air tickets could be provided either to his family members, his relatives and friends subject to the condition that they said passenger must be travelling with him. The CFS scheme with regard to the air ticket can be provided either to his spouse or child or parents as per circular dated 3.10.2011 Mark DW1/1.
He further stated that he had submitted his genuine TA/DA bill against his air journeys and MSA branch and P&AO had never raised any objection about the same. If any doubt over the TA/DA bills were raised, the MSA branch used to issue letter asking for explanation along with copy of air ticket or CFS ticket. Under the said procedure, he received a letter dated 4.7.2014 and also on several other dates asking him to clarify the air tickets showing inflated air fare along with copy of air ticket. This procedure is mandatory to be followed by MSA branch before releasing the reimbursement of TA/DA bills. The payment used to be credited in his account. He had submitted his explanation in writing to MSA branch from time to time and after the satisfaction of MSA Branch & P&AO he used to receive the payments through cheques. He tried to hand over those letters along with his reply to CBI officials but they did not accept the same during the course of 55 investigation and registered a false case against him. He was receiving all the air tickets and CFS tickets through M/s M. K. Tour and Travels who used to deliver the same to him either through his employee or sometimes through his email. Some time Sh. Manoj Kumar Tharad from M/s M. K. Tours & Travels used to deliver the air tickets himself. He or his PA Smt. Pari Hmar used to submit the tickets for claiming TA/DA bills. He received a letter dated 4.7.2014 from the Joint Director ( MSA Branch ) of Rajya Sabha mentioning that air tickets submitted by him along with TA/DA claim submitted by him bear inflated air fare. The letter is Ex. DW1/2. On receiving this letter, he made inquiries from M. K. Tour & Travels and the said agent used to get price of air tickets corrected and used to send him revised copy of air tickets which he used to submit to Rajya Sabha Secretariat and the same was accepted satisfactorily. Copy of one such clarification letter submitted by him is Mark DW1/3. He had explained all these things to the IO of the case but for the reason best known to him, he did not take these documents on record. All the letters issued by Rajya Sabha and his reply to those letters would be available in MSA branch of Rajya Sabha secretariat. He requested the CBI officers to make inquiries from MSA branch but they did not made the inquiries.
56 46 I have heard ld. Counsel for accused and ld. PP for CBI. 47 It is vehemently contended by ld. Counsel for accused that prosecution is not able to prove its case against the accused beyond reasonable doubt. The prosecution is not able to prove the main tickets as well as companion tickets which are alleged to have been forged as no certificate U/s 65 B of Indian Evidence Act has been produced during trial. Any of the employee of Dy. Director of the Rajya Sabha has not find any irregularity in the bills and the officials of Rajya Sabha Secretariat has admitted in their cross examination that there was no irregularity in the bills submitted by the accused. It is submitted that prosecution has not examined Mr. Negi and Mr. Pandey as witnesses to prove that PW5 Manoj Tharad used to supply the CFS tickets to the accused. It is also contended that specimen hand writing and specimen signatures of the accused were not taken voluntarily. It is submitted that prosecution has failed to prove its case against the accused beyond all reasonable doubt and the accused be acquitted.
48 On the other hand ld. PP for CBI contends that prosecution is able to prove its case and official of Air India PW23 proved the main tickets as well as concessional tickets issued in the name of accused as 57 well as in the name of his family members. They also proved certificate U/s 65 B of Indian Evidence Act. It is also contended that there is enough material on record to convict the accused. It is prayed that accused be convicted.
49 Now I am dealing with the contention of ld. Counsel for accused one by one.
50 It is vehemently contended by ld. Counsel for accused that no irregularity was found in the TA bills submitted by accused with Rajya Sabha Secretariat. Ld. Counsel has drawn my attention towards the cross examination of PW1 Ms. Indira Chaturvedi Vaidya Dy. Director in the office of Rajya Sabha Secretariat, Parliament House and in cross examination this witness admitted that during the scrutiny, TA bills were found in order and no irregularity was found at the time of processing of TA bills submitted by the accused. Similarly PW22 Sh. Sirish Chander Dixit in cross examination also admitted that in respect of TA bills submitted by the accused no objection was ever raised and he also admitted that he did not find any doubt or irregularity over the TA bill submitted by the accused.
51 In the present case PW1 has deposed about the submission of TA bills and PW22 also submitted about the deposition bills by the accused.
58
In the present case no doubt both PW1 and PW22 deposed in the cross examination that no irregularity was found in the TA bills submitted by the accused but it is to be seen whether the accused has submitted main tickets after erasing the particulars over it and also submitted fake CFS tickets or not. Thus, the contention of ld. Counsel for accused that there are no irregularity in the TA bills carries no force. 52 It is also vehemently contended by ld. Counsel for accused that there is no certificate U/s 65 B of Indian Evidence Act and the tickets are not duly proved.
It is admitted fact that PW5 Sh. Manoj Tharad has not given the certificate U/s 65 of Indian Evidence Act in respect of the tickets proved by him. PW5 proved the tickets as Ex. PW5/C1 to Ex. PW5/C24. As per his deposition print out of he emails were taken in presence of independent witness from his email account [email protected]. It is true that PW5 in cross examination admitted that he is not aware about the certificate U/s 65 of Indian Evidence Act but the prosecution has examined PW21 Sh. Debashish Bose, General Manager, Security who deposed that he was posted as Dy. General Manager ( Vigilance ) Air India in the year 2014 and vide letter Ex. PW21/A he had forwarded certified copies of the 11 tickets 59 and CFS tickets issued thereon and he stated that 11 tickets and CFS tickets were received from the office of M. K. Tour & Travels and these tickets are Ex. PW7/B and Ex. PW7/C ( colly ) and he also identified signature of Ms. Prasanna Kaushik, Manager Air India at point A. Similarly this witness also stated that vide letter Ex. PW21/B he had provided tickets to CBI which bear signature of Ms. Prasanna Kaushik, Manager Air India and this witness admitted that there is no certificate U/s 65 B of Indian Evidence Act.
PW23 has proved the tickets and summary sheet Ex. PW7/B consisting of 11 tickets and etickets as Ex. PW7/C ( colly ). She also proved document Ex.PW7/D1 which is summary sheet containing 07 main tickets and CFS tickets. PW23 also proved the certificates U/s 65 Indian Evidence Act as Ex. PW23/A1 to A4 and also stated that she had taken print out of the tickets from the computers system which was under her control and password protected. During the relevant period computer system was working properly and print out taken by her is the true copy. In cross examination this witness stated that she has not given certificate U/s 65 of Indian Evidence Act. But prosecution has also examined PW26 Ms. Roopam Sharma, Dy. General Manager, Air India who proved the certificate U/s 65B of Indian Evidence Act regarding air 60 tickets which were forwarded to CBI vide letter No. 4173/3/6(A)2014/ACIII dated 25.8.2014, 4398/3/6(A)/2014/ACIII dated 4.9.2014, 3915 (A)/2014/ACIII dated 5.8.2014 and 4459/3/6(A)/2014/ACIII dated 5.9.2014. She also stated that print out of the tickets were taken from the computer in which information of tickets were regularly fed. She also stated that during the relevant period the computer from which printouts of the tickets were taken were regularly fed and the printouts of the tickets reproduces the true information which was regularly fed in the computer. She stated that she had given the certificate as she was holding post of Dy.GM and she proved the certificates Ex. PW26/A ( colly ) and she also stated that she has seen the tickets Ex. PW7/C, Ex. PW7/E, Ex. PW7/H and Ex. PW7/K in respect of which she had given certificates Ex. PW26/A ( colly). PW26 has given the certificates Ex. PW26/A ( colly ) in respect of letter No. 4173/d/6(A)/2014/ACIII dated 25.89.2014 but nothing is their in the cross examination of this witness to suggest that this certificate is not given as per law. PW26 had duly proved the certificates U/s 65 B of Indian Evidence Act. Thus, this contention of ld. Counsel for accused carries no force.
53 Moreover, accused during his examination admitted that he 61 was receiving all the air tickets and CFS tickets through M/s M. K. Tours & Travels, who used to deliver the same to him either through his employees or sometimes through his email. Sometimes Sh. Manoj Kumar Tharad from M/s M.K. Tours & Travels used to deliver the air tickets himself. He also admitted that some time hard copy was delivered to him after he had performed air journey on the basis of etickets given to him and some time he himself and some time his PA Smt. Pari Hmar used to submit the tickets for claiming TA/DA bills.
As the accused admitted that he was receiving all the tickets from M/s M.K. Tours & Travels and it is the case of CBI that PW5 Manoj Tharad used to supply all the tickets, it cannot be said that all the tickets are not proved as PW26 has proved the certificates U/s 65 B of Indian Evidence Act. Moreover no suggestion was given to PW5 that accused had never taken tickets from PW5. No suggestion was given to PW5 that he never sent the tickets to the accused through email. Similarly no suggestion was given to PW5 or to the IO of the case that e mail account [email protected] does not belong to accused. 54 It is also vehemently contended by ld. Counsel for accused that Sh. Pandey and Sh. Negi were not examined by CBI to prove that 62 both these persons used to supply CFS tickets to the accused. I do not find any strength in this argument of ld. Counsel for accused as accused himself in examination in chief admitted that M. K. Tours & Travels used to supply all the tickets and some time Manoj Tharad used to personally deliver the tickets to him and some time his employee used to deliver the tickets. So this contention of ld. Counsel for accused carry no force.
55 Now, it is to be seen whether prosecution is able to prove the case against the accused beyond reasonable doubt or not. 56 PW22 Sh. S. C. Dixit proved the Gazette Notification regarding the appointment of accused as Member of Rajya Sabha for two terms ie from 19.7.2002 to 18.7.2008 and from 19.7.2008 to 18.7.2014. These notifications show that accused was member of Parliament, Rajya Sabha from 19.7.2002 to 18.7.2008 and from 19.7.2008 to 18.7.2014 and the Gazette Notifications were proved as Ex. PW22/A1. Moreover, accuses has no where denied that he was not member of Rajya Sabha for the aforesaid two terms. PW22 also deposed that a member of Parliament in addition to official journey and spouse journey is entitled to 34 single air journeys in a year to be availed alone or with spouse or any number of companions or relatives. 63 57 Similarly PW4 Ms. Divya Gauba, Asst. Genernal Manager has proved the circular of Air India dated 3.10.2011 as Ex. PW4/A. This circular is in respect of CFS tickets for domestic sector and this circular shows that the tickets booked under CFS are to be purchased together and cross reference of the companion ticket would be made on the full fare ticket and vice versa. She also deposed that name of the companion and his relationship are mandatory to be incorporated on the main ticket at the time of issuance of main ticket. As per Ex. PW4/A cross reference of the companion ticket is made on the full fare ticket and the reference of main ticket number is mentioned on the companion free scheme ticket. Companion ticket used to include taxes only and CFS ticket is issued by Air India only and it cannot be issued by the agent. The reference of companion ticket is to be mentioned on the main ticket and the reference of main ticket is also incorporated in the CFS ticket. PW4 also deposed that CFS ticket were issued on the basis of authority letter or any document showing genuineness of the passenger. 58 It is the case of the prosecution that the accused has submitted the TA bills of 26 main tickets and 26 CFS tickets with the Rajya Sabha Secretariat and the accused on receipt of main tickets from PW5 erased the particulars of companion tickets and also submitted fake 64 CFS ticket by enhancing the amount on the CFS ticket and submitted with Rajya Sabha Secretariat. It is also the case of the prosecution that four tickets were arranged by PW5 from M/s TSI Yatra Pvt Ltd and M/s Aastha Travels Pvt Ltd.
59 PW6 Mr. Pankaj Sharma deposed that he is working as General Manager in TSI Yatra Pvt Ltd. He also deposed about CFS scheme launched by Air India. He submitted that PW6/A bear signatures of Sh. Sandeep Garg DGM ( Accounts ) of TSI Yatra Pvt Ltd. He also proved the invoice as Ex. PW6/B ( colly ) signed by Naseem Ahmed and this invoice was raised to M/s M. K. Tours & Travels. He also proved the ticket Ex. PW6/E ( colly). He also proved ticket No. 0989093708948 as Ex. PW6/D. He also stated that on comparison of e ticket Ex. PW6/D with Ex. PW1/K1 reference of companion is not mentioned on ticket Ex. PW1/K1. He also proved the certificate U/s 65 B of Indian Evidence act issued by Sh. Abhijeet Chakraborti as Ex.PW6/F. 60 Similarly PW8 Sh. Parmod Arora, Finance Officer of M/s Aastha Travels Pvt Ltd has stated that invoice No. D1213120 dated 29.10.2012 was raised on issuance of ticket no. 0982251615710 as per 65 request of M/s M. K. Tours & Travels and this ticket is in the name of accused Lalhming Liana for 31.10.2012 and fare mentioned on the invoice is Rs. 43,458/. He proved the invoice as Ex. PW8/B. He also proved the invoices of ticket no. 0982630873031 and 0982630873032 issued as per request of M/s M. K. Tours and Travels. He stated that all the invoices were taken from the computer system of Sh. Satish Chander, Chief Accountant and he also proved certificate U/s 65 B of Indian Evidence Act as Ex. PW8/D and identify the signature of Sh. Satish Chander at point A on this certificate. Perusal of Ex. PW1/C1 reveals that it is the same ticket number as mentioned in invoice D1213120 already Ex. PW8/B. 61 Similarly PW14 Sh.Sandeep Garg, General Manager ( Finance ), from TSI Yatra Pvt Ltd proved the ticket Ex.PW6/B, Ex.PW6/C and Ex. PW6/D ( colly ) and admitted the signatures of Sh. Naseem Ahmed on these tickets.
62 PW15 Naseem Ahmed deposed that he has seen documents Ex. PW6/B,Ex. PW6/C and Ex. PW6/D and the printouts of the tickets were taken in his presence from the computer which was in the custody of Sh. Abhijit Chakraborty and he also identify the signatures of Sh. Abhijit Chakraborty at point A on certificate U/s 65B of Indian Evidence Act which is Ex. PW6/F. 66 63 PW24 is Sh. Abhijit Chakraborty. He deposed that letter dated 22.9.2014 Ex.PW6/A was issued by Sh. Sandeep Garg. He has stated that he had taken printout of invoices No. DS119589 dt 6.1.2012, invoice No. DS124157 dt 1.3.2012, invoice No. DS 123701 dt. 1.3.2012, invoice No. DS 123508 dt 27.2.2012 and invoice No. DS 123507 dt 27.2.2012 as Ex. PW6/B ( colly ). All these invoices were raised in the name of M.K. Tours & Travels. He also stated that tickets Ex.PW6/C ( colly ) bears the signatures of Sh. Naseem Ahmed along with seal of the company. He also deposed that ticket no. 0989093708948 was issued in the name of accused Lalhming Liana and there is a reference of CFS ticket in the name of Lalthlamuana son of passenger. He also stated that certificate U/s 65 B of Indian Evidence Act Ex.PW6/F is regarding the printout of invoices taken out and the etickets. The printouts of the invoices and etickets were taken out from the computer system which was under his control and password protected.
64 Similarly PW30 Sh. Varun Dewan has deposed about Companion Free Scheme of Air India and he deposed that Ex. PW6/A was raised on M. K. Tours & Travels. He also proved the invoice as Ex. PW6/D. He also deposed that tickets no. 0989093708948 was issued in 67 the name of Lalhming Liana.
65 From the statements of above mentioned witnesses, it is proved that tickets were got issued by TSI Yatra Pvt Ltd and M/s Aastha Travels to M/s M. K.Tours & Travels in the name of the accused. 66 Now the question arise whether PW5 sent the ticket to the accused. PW5 has stated that he used to sent the tickets in the email account of accused and some time he used to send hard copy at his residence through his employees. Accused in his examination in chief admitted that he was receiving all the air tickets and CFS tickets through M/s M. K. Tour & Travels, who used to deliver the same to him either through his employees or sometimes through his email and some time PW5 Manoj Tharad used to deliver the tickets himself and some time hard copy was delivered to him after he had already performed the air journey on the basis of e tickets given to him. Thus, accused himself admitted that he used to receive all the tickets from PW5 ie M/s M. K. Tours & Travels Pvt Ltd.
67 It is the case of CBI that email ID of the account of M. K. Tours & Travels was opened and from the out box certain tickets were 68 recovered which were sent to the email account of the accused. 68 PW17 Sh. Sati Prasad has stated that print out of the e tickets from the email ID of M. K. Tours were taken in his presence and he had signed on those etickets in token of taking of printout in his presence. He also stated that password of email ID was changed and kept in an envelope. He has stated that printout of 14 tickets are collectively Ex. PW17/B ( colly ). At time of deposition of PW17 on 30.8.2016, email ID of M. K. Tour & Travels with the help of password was accessed which shows email in the mail box. Thus, it is proved that tickets were sent by PW5 from the email account of M. K. Tours & Travels to the email of accused. Moreoever, accused has admitted in the examination in chief that he used to receive the tickets in his email account. Thus, this fact is proved by CBI.
69 Flat of he accused was also searched and PW25 Sh.
Narender Kumar Sharma has deposed that on 23.6.2014 house of the accused was searched and hard disc of computer and printer was taken into possession. The hard disc was recovered from the computer installed at the residence of accused Lalhming Liana.
70 PW32 Sh. Gautam Roy has proved that he had taken the 69 printout from the mirror image of 10 etickets of different dates bearing eticket numbers 0982104231639, 0982105281781, 0982253252640, 0982103221449, 0982103874172, 0982103643926, 0989553835860, 0982102960924, 0982253252640 and 0982104824233 and these tickets were retrieved from the hard disc of accused which is taken from the computer system installed at the flat of the accused.
PW32 has proved his hard disc examination report Ex. PW32/A. From the testimony of PW32, it is proved hat 10 tickets were retrieved from the hard disc of the computer installed at the residence of accused and these tickets were sent by Manoj Tharad from the email of M. K. Tours & Travels to the email account of accused [email protected]. As 10 tickets were retrieved from the hard disc of the computer of accused, so it can be said that accused has received the etickets on his email account from the email account of PW5. 71 Now it is to be seen whether the prosecution is able to prove that accused has forged main ticket as well as CFS ticket and enhanced the fare on the CFS tickets. It is the allegation against the accused that he had taken the tickets from M. K. Tours & Travels and PW5 used to provide tickets to accused Lalhming Liana through email and also by hand and the accused has forged the main ticket by changing the 70 endorsement as well as the fare. The modus oprendi used by accused was to enhance the fare and to remove characteristic of CFS tickets on the main tickets. As per procedure CFS tickets was available for the passenger on nominal price after the main ticket was purchased by the passenger. The main ticket was also containing reference of CFS ticket to be issued and CFS ticket also mentioned the reference of main ticket as deposed by PW7, PW21 and PW23. It is also deposed by the above witnesses and IO that accused deliberately deleted the reference of CFS ticket on the main ticket and similarly reference of main ticket was removed from CFS ticket. The nominal fare of CFS ticket was brought at par with main ticket. Accused converted 26 CFS tickets available at nominal price to main tickets. He has forged the CFS tickets and also main tickets so it may not be detected at the time of passing of bills in the Rajya Sabha. One genuine companion free ticket was also seized from the accused vide seizure memo and PW25 and IO proved that one ticket No. 982105281781 was found at the house of the accused and on the basis of these forged tickets accused has filed TA bills containing the forged tickets as well as CFS tickets with officials of Rajya Sabha. 72 PW7 also stated that bills ie cross reference of CFS as mentioned in Ex. PW7/E are not available in Ex. PW1/A1, although 71 number of these tickets are same as 983216893045 and therefore, he can say that Ex. PW1/A1 is not correct. He also deposed that ticket Ex. PW1/A2 is fake ticket and ticket Ex. PW1/A3 is not correct. He stated that ticket Ex. PW1/A2, PW1/A4, PW1/B2, PW1/D2, PW1/C2, PW1/C5, PW1/C6, PW1/E2, Ex. PW1/A6, Ex. PW1/F2, Ex. PW1/G4, Ex.PW1/G5, Ex. PW1/G6, Ex.PW1/H5, Ex. PW1/H6, Ex.PW1/J4,Ex. PW1/J7, Ex. PW1/K2, Ex. PW1/L2, PW1/M2, PW1/N2, PW1/O3, PW1/O4, PW1/O5, PW1/P2 and PW1/P3 are fake tickets. 73 PW1 and PW22 has proved that TA bills along with tickets duly signed by the accused were submitted by the accused to the Rajya Sabha Secretariat and PW1 has proved all the tickets and bills on the file. She has proved the signatures of accused on the TA Bills Forms and tickets submitted by him for the reimbursement. Similarly PW22 Sh. Sirish Chander Dixit, Dy. Director, Rajya Sabha Secretariat has also proved the signatures of accused on TA bills. PW1 also proved signatures of accused on record as Ex. PW22/A3. Both the witnesses also proved details of payment made to accused and also proved the bills claimed/submitted by the accused and passed by PW22. PW1 has given details of ticket numbers submitted by accused at the time of submissions of TA bills. She also stated that TA bills and all the tickets 72 bear the signatures of the accused. PW22 also identified signatures of accused on the TA bills. Accused has no where denied to sign the TA bills and other necessary documents as well as the tickets which were submitted by him to Rajya Sabha Secretariat for reimbursement. 74 The specimen signature of the accused were taken and PW8 submits that specimen signature of accused were taken in his presence ie S1 to S24 and voluntariness of taking the signatures of accused was also recorded.
75 It is vehemently contended by ld. Counsel for accused that he has not voluntarily given his specimen signatures. On the specimen signatures S1 to S24 it is clearly mentioned that accused has given his signatures/hand writing voluntarily in the presence of the witnesses N. K. Sharma and K. K. Rai. Moreover, accused was Member of Parliament and it is not the case that accused is illiterate. So it cannot be said that specimen signatures were not given by accused voluntarily. 76 PW10 has stated that he has seen the document sent for examination Marked Q1 to Q137, Q7A and Marked S1 to S24 and Marked A1 to A38 which are available on record. Said documents were 73 examined and compared by him and same bear stamp of his Lab & Division. In his report Ex. PW10/B he has opined that person who had written mark A1 to A38, S1 to S24 attributed to accused Lalhming Liana, has also written Q1 to Q137 and Q7A. Thus, it is proved hat accused has filed all the TA bills and also sent the TA bills giving the necessary information. He has also sent the tickets and all these tickets also carry the boarding passes and it is also proved by PW1 and PW22 that on the basis of bills and necessary documents and the tickets duly signed by accused, bills were processed and payment was credited in the account of the accused. Accused nowhere denied that payment was not credited in his account.
I have perused the record. A suggestion was given by ld. Counsel for accused to the IO PW31 that it is wrong to suggest that entire forgery, interpolations, tampering in air tickets of the accused was done by employees of M/s M. K. Tours & Travels and accused was neither aware of it nor he is guilty of any offence charged in this case. Thus, by giving this suggestion accused has admitted that there was forgery, interpolations, tampering in the air tickets but no suggestion has been given by accused to PW5 that entire forgery, interpolations and tampering was done by his employees.
77 Moreover, PW5 categorically stated that bills contained in 74 TA bills are fake and forged and the companion name has been removed from the main ticket keeping other particulars intact and the companion tickets placed in this file are fake and forged as there was no reference of main ticket in CFS ticket and the cost has been increased at par with the main ticket. He also stated that name of his firm M. K. Tours & Travels was mentioned in CFS ticket whereas CFS tickets were not issued by his firm and the same was issued by Air India.
78 Thus, from the above chart, it is clear that the accused claimed reimbursement by submitting 26 main tickets and deleted the endorsement of the companion ticket on the main ticket and forged 26 full fare tickets ( for companion ). The forged etickets were were authenticated by the accused with his signatures at the time of submissions of TA claim. He has filled the TA claim in his own hand writing and these bills are Ex. PW1/A to Ex. PW1/T ( D2 to D20). 79 From the testimony of PW's a comparative chart mentioning details of tickets number and name of the companion, ticket retrieved from the email account of PW5, tickets submitted by officials of Air India to CBI and tickets submitted by accused in the office of Rajya Sabha for claiming TA/DA bills can be drawn as under: 75 Sl. Ticket No. and Name Tickets retrieved Tickets submitted Tickets N of the companion/ from the e-mail by Air India submitted by o passenger account of PW-5 Officials to CBI accused in the Manoj Tharad i.e. office of Rajay Owner of M/s. Sabha for M.K. Tours & claiming TA/ Travels. DA bills.
01 0982106291130, Mr. Ex. PW-5/A Ex. PW-7/E Ex. PW-1/A2
Lalthla Muana (colly) Page 1 to (colly) page 55 page 21(D-2)
4 (D-28), (D-22), amounting to
amounting Rs. amounting to Rs. Rs. 45580/-
4611 4611
02 0982106291134, Ms. Ex. PW-5/A Ex. PW-7/E Ex. PW-1/A4
V.L.Rauatkimi (colly) Page 5 to (colly) page 59 page 29(D-2)
8 (D-28), (D-22), amounting to
amounting Rs. amounting to Rs. Rs. 45580/-
4611 4611
03 0982103460373, Mrs. Ex. PW-5/A Ex. PW-7/E Ex. PW-1/B2
Lalmuanpuii (colly) Page 9 to (colly) page 63 page 13(D-3)
11 (D-28), (D-22), amounting to
amounting Rs. amounting to Rs. Rs. 38562/-
485 485
04 0982104844233, Mrs. Ex. PW-5/A Ex. PW-7/E Ex. PW-1/D2
V.L. Nunpari (colly) Page 12 to (colly) page 67 page 17(D-5)
14 (D-28), (D-22), amounting to
amounting Rs. amounting to Rs. Rs. 47279/-
673 673
05 0982104989897, Sh. Ex. PW-5/A Ex. PW-7/E Ex. PW-1/C2
L.H. Mawia (colly) Page 15 to (colly) page 71 page 19(D-4)
17 (D-28), (D-22), amounting to
amounting Rs. amounting to Rs. Rs. 43610/-
4566 4566
06 0982105124465, Sh. Ex. PW-5/A Ex. PW-7/E Ex. PW-1/C5
R.K. Zuala (colly) Page 13 to (colly) page 75 page 45(D-4)
21 (D-28), (D-22), amounting to
amounting Rs. amounting to Rs. Rs. 47095/-
5451 5451
07 0982105124474, Ms. Ex. PW-5/A Ex. PW-7/E Ex. PW-1/C6
Nani (colly) Page 22 to (colly) page 79 page 51(D-4)
25 (D-28), (D-22), amounting to
amounting Rs. amounting to Rs. Rs. 47095/-
5471 5471
08 0982105724231, Sh. Ex. PW-17/A Ex. PW-7/K Ex. PW-1/E2
Vanlal Nunsanga (colly) Page 29 (colly) page 129 page 15(D-6)
(D-27), amounting (D-22), amounting to
Rs. 5557 amounting to Rs. Rs. 47839/-
5557
76
09 0982105935235, Sh. Ex. PW-17/A Ex. PW-7/K Ex. PW-1/A6
Vanlal Nunsanga (colly) Page 33 (colly) page 123 page 37(D-6)
(D-27), amounting (D-22), amounting to
Rs. 3613 amounting to Rs. Rs. 38114/-
3613
10 0982103959045, Sh. Ex. PW-7/K Ex. PW-1/F2
Lalbiakzauva (colly) page 137 page 31(D-7)
(D-22), amounting to
amounting to Rs. Rs. 45544/-
892
11 0982106544126, Sh. Ex. PW-17/A Ex. PW-7/K Ex. PW-1/G4
Lalthuthlunga (colly) Page 45 (colly) page 141 page 25(D-8)
(D-27), amounting (D-22), amounting to
Rs. 5851 amounting to Rs. Rs. 49120/-
5851
12 0982106544130, Sh. Ex. PW-17/A Ex. PW-7/K Ex. PW-1/G5
L.H. Mawia (colly) Page 49 (colly) page 145 page 31(D-8)
(D-27), amounting (D-22), amounting to
Rs. 5851 amounting to Rs. Rs. 49120/-
5851
13 0982106544132, Mrs. Ex. PW-17/A Ex. PW-7/K Ex. PW-1/G6
Lalchhanzuali (colly) Page 53 (colly) page 149 page 37(D-8)
(D-27), amounting (D-22), amounting to
Rs. 3906 amounting to Rs. Rs. 39095/-
3906
14 0982106426961, Sh. V Ex. PW-17/A Ex. PW-7/K Ex. PW-1/H5
L Nunsanga (colly) Page 37 (colly) page 157 page 69(D-9)
(D-27), amounting (D-22), amounting to
Rs. 4159 amounting to Rs. Rs. 39372/-
4159
15 0982106426963, Ms. L Ex. PW-17/A Ex. PW-7/K Ex. PW-1/H6
C Nuali (colly) Page 41 (colly) page 161 page 77(D-9)
(D-27), amounting (D-22), amounting to
Rs. 4159 amounting to Rs. Rs. 39372/-
4159
16 0982104869883, Ms. Ex. PW-17/A Ex. PW-7/K Ex. PW-1/J4
VL Nunpari (colly) Page 17 (colly) page 165 page 25(D-10)
(D-27), amounting (D-22), amounting to
Rs. 2071 amounting to Rs. Rs. 11199/-
2071
17 0982104971730, Sh. Ex. PW-7/K Ex. PW-1/J7
LH Mawia (colly) page 169 page 41(D-10)
(D-22), amounting to
amounting to Rs. Rs. 36202/-
3613
18 0982102960924, Sh. Ex. PW-7/C Ex. PW-1/K2
77
Lalthlamuana (colly) page 7 page 31(D-11)
(D-22), amounting to
amounting to Rs. Rs. 42243/-
458
19 0982103643926, Ms. Ex. PW-7/K Ex. PW-1/L2
Lalmuanpuii (colly) page 15 page 17(D-12)
(D-22), amounting to
amounting to Rs. Rs. 46068/-
851
20 0982103874172, Mrs. Ex. PW-17/A Ex. PW-7/K Ex. PW-1/M2
VL Nunpari (colly) Page 11 (colly) page 19 page 19(D-13)
(D-27), amounting (D-22), amounting to
Rs. 673 amounting to Rs. Rs. 45325/-
673
21 0982104231639, Sh. Ex. PW-17/A Ex. PW-7/K Ex. PW-1/N2
VL Peka (colly) Page 15 (colly) page 23 page 37(D-14)
(D-27), amounting (D-22), amounting to
Rs. 673 amounting to Rs. Rs. 47344/-
673
22 0982103221449, Sh. Ex. PW-7/C Ex. PW-1/O3
LT Hlua (colly) page 11 page 41(D-15)
(D-22), amounting to
amounting to Rs. Rs. 43001/-
679
23 0982103221451, Sh. Ex. PW-7/H Ex. PW-1/O4
Sangzuala (colly) page 113 page 49(D-15)
(D-22), amounting to
amounting to Rs. Rs. 43001/-
679
24 0982103271794, Sh. Ex. PW-7/H Ex. PW-1/O5
Biakzauva (colly) page 117 page 57(D-15)
(D-22), amounting to
amounting to Rs. Rs. 43628/-
466
25 0982105281781, Sh. Ex. PW-17/A Ex. PW-7/C Ex. PW-1/P2
LH Mawia (colly) Page 27 (colly) page 27 page 27(D-16)
(D-27), amounting (D-22), amounting to
Rs. 5667 amounting to Rs. Rs. 49769/-
5667
26 0982105281777, Ms. Ex. PW-7/H Ex. PW-1/P3
LH Sangi (colly) page 121 page 33(D-16)
(D-22), amounting to
amounting to Rs. Rs. 49769/-
5667
78
80 As the PW5 has sent the etickets from his email to the e
mail of accused and accused has used his computer to forged the tickets and 10 tickets were retrieved from hard disc of computer system of accused, it shows that accused has submitted the fake tickets by fabricating and forging the same on his computer and also enhanced amount of tickets whereas actual cost of tickets was very less. Through these TA bills accused has claimed 11,19,926 Lacs approximately whereas actual cost is Rs. 81373/. Accused has not denied that he has not received any amount in respect of TA bills. PW1 has proved hat payment of Rs. 1,42,784/ was made to accused vide cheque no. 111805. Accused on the TA bills also certify that information given by him is true to the best of his knowledge and he has not claimed TA/DA from any other official source. Similarly payment of Rs. 4,08,813/ was made to accused vide cheque No. 0117018 and payment of Rs. 1,73,670/ was made to accused vide cheque no. 0115868. PW1 also proved the other payments credited in account of the accused for the reimbursement of TA bills. This fact is not denied by accused that he has not received the payment of TA bills submitted by him in his account. 81 PW1 and PW22 also proved in detail that payments were made by Rajya Sabha Secretariat to the account of he accused. 79 82 PW9 Rajinder Singh Rawat has proved the account opening form of account no. 10023820070 of accused Lalhming Liana, member of Rajya Sabha and certified copy of aforesaid account number is also proved as Ex. PW9/B. Accused has not denied that he has not received the payment in respect of TA/DA bills submitted by him. Thus, accused has admitted that he has received payment from Rajya Sabha Secretariat. 83 Ld. Counsel for accused placed reliance on the judgment of Anvar P.V. Vs P. K. Basheer ( 2014) 10 Supreme Court Cases 473 wherein it is held that " admissibility of secondary evidence of electronic record depends upon satisfaction of conditions as prescribed under section 65 B which enumerated. On the other hand if original electronic record itself is produced in court U/s 62, then the same is admissible in evidence, without compliance with conditions in S. 65B. It is also held in this judgment "If copy of statement pertaining to electronic record is produced in evidence, then the statement has to be accompanied by a certificate as specified in S. 65B (4). Such certificate must accompany electronic record like CD,VCD,pen drive etc which contains the statement which is sought to be given as secondary evidence and in absence of such certificate, secondary evidence of electronic record cannot be admitted in evidence". 80
On the other hand, Ld. PP for CBI has placed reliance on the judgment of Shafi Mohammad Vs State of Himachal Pradesh in SLP ( Crl) 2302 of 2017, wherein it is held that " requirement of certificate under Section 65 B (h) is not always mandatory. When a party is not in possession of device from which the document is produced. Such party cannot be required to produce certificate under Section 65 B (4) of the Evidence Act. The applicability of requirement of certificate being procedural can be relaxed by Court whenever interest of justice so justifies".
The judgment cited by the ld. Counsel for accused is not helpful to the accused as PW26 has duly proved the certificate U/s 65 B of Evidence Act of the air tickets sent by Air India to CBI. 84 Ld. Counsel for accused has also placed reliance on the case of Reena Hazarika Vs State of Assam in Crl. Appeal No. 1330 of 2018. I have perused the judgment but this judgment is not helpful to the accused as in the present case proper opportunity has been given to the accused to prove his defence and his statement U/s 313 Cr.P.Cwas recorded in detail.
85 Ld. Counsel for accused has also placed reliance on the judgment Brajesh Pathak Vs Central Bureau of Investigaion 2017 81 AD ( DELHI ) 222. This judgment is also not applicable to the facts of the present case.
86 From the above mentioned discussion, it is proved that accused has submitted TA bills amounting to Rs. 11,19,926/ which included the travelling by companion also and whereas actual fare of CFS tickets was Rs. 81,373 and thereby cheated Rajya Sabha Secretariat for an amount of Rs. 10,36,533/ approximately. He is accordingly convicted U/s 420 IPC.
It is also proved that accused has forged the travel ticket and companion ticket by removing the cross reference on the main ticket of the companion ticket and also generated fraudulently full air ticket with respect to the CFS ticket with intention to use the same for the purpose of cheating. He is accordingly convicted U/s 468 IPC.
It is also proved that accused has forged the etickets ie valuable security which the accused actually did not pay. He is accordingly convicted U/s 467 IPC.
It is also proved that accused fraudulently used forged air tickets as genuine to claim reimbursement from the office of Rajya Sabha Secretariat. He is accordingly convicted U/s 471 IPC.
It is also proved hat during the period 19.7.2008 to 82 14.7.2014, accused being a member of Rajya Sabha Secretariat committed criminal misconduct by corrupt and illegal means and obtained pecuniary advantage by submitting forged TA bills. Thus, accused is convicted U/s 13 (1) (d) punishable U/s 13 (2) of Prevention of Corruption Act.
He be heard on the quantum of sentence.
Announced in the open court
on 29.11.2018 ( N. K.MALHOTRA )
Spl. Judge ( PC Act ),CBI02
NDD:PHC
Digitally signed
by NARESH
NARESH KUMAR
MALHOTRA
KUMAR Date:
MALHOTRA 2018.11.29
19:42:30
+0530
83