Punjab-Haryana High Court
Ashok Jain vs State Of Haryana on 27 September, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:132842
CRM-M-41127-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.41127 of 2024
Reserved on: 12.09.2024
Pronounced on: 27.09.2024
Ashok Jain ...Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Vikram Chaudhari, Senior Advocate with
Ms. Hargun Sandhu, Advocate
for the petitioner.
Mr. Vikrant Pamboo, Sr. DAG, Haryana.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections 203 22.06.2024 Chhapar, 120-B, 406, 420, 467, 468, 471, 473 IPC District and Section 61(1)(a) of Punjab Excise Act, Yamunanagar 1914 (Haryana Amendment Bill, 2020) as well as Sections 7, 8 & 13 of P.C. Act, 1988 (added later on)
1. A septuagenarian, suffering from various old age-related illnesses, apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.
2. In the bail application, the petitioner is silent about criminal antecedents. However, as per reply, the accused has the following criminal antecedents:
Sr. FIR No. Date Offenses Police No. Station 1. 1258 09.09.2018 420, 467, 468, 120-B IPC and 61 of City Panipat Excise Act 2. 671 13.10.2019 420, 467, 468, 120-B IPC and 61 of Samalkha Excise Act
3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:
" 2. That brief facts of the case are that on 21.06.2024 secret information was received to SI Gurmej Singh CIA-1 and his team members to this effect that 1 1 of 8 ::: Downloaded on - 20-10-2024 23:59:46 ::: Neutral Citation No:=2024:PHHC:132842 CRM-M-41127-2024 -2- one canter bearing number HR-37E-3607 would come from Ambala side through Milk Majra toll plaza in which illegal liquor is loaded. Upon that information Nakabandi was started near village Pirthi Ka Majra and at about 05:30 PM the above aforementioned vehicle/canter apprehended by the police team. At that time the said vehicle was driven by co-accused Ramavtar (driver of the truck on asking he produced Permit No PN241900070373 dated 20.06.2024 issued for purchasing liquor by Excise Department for 800 cases of quarts (750 ML quantity per bottle), 200 cases of pint (375 ML quantity per bottle) and 200 cases of nips (180 ML quantity per bottle) total 1200 cases of country made liquor marka NV Rasila Malta from M/S N.V. International Pvt. Ltd Badholi, Ambala (distillery i.e. manufacturing unit of liquor) to L-13 M/S Scotch Station Wines, Jagadhari, Yamuna Nagar (whole seller of country liquor). The permit was valid up to 26.06.2024 for purchasing liquor. The above said driver also produced pass no PS24190086850 dated 21.06.2024 issued by the Excise department on dated 21.06.2024 at 10:59:17 AM which was valid up to 13:59:00 PM dated 21.06.2024 on the request of D-2 M/S N.V. International Pvt. Ltd Badholi, Ambala (distillery i.e. manufacturing unit of liquor) to sell the liquor to 13 M/S Scotch Station Wines, Jagadhari, Yamunanaga (whole seller of country liquor).
3. That when the vehicle and driver apprehended by police team at about 05:30 PM on dated 21.06.2024 the above aforementioned pass no PS24190086850 dated 21.06.2024 was already expired and invalid. Therefore, the excise inspector Sh Mohan Singh Rana was requested telephonically to come on the spot at about 05:32 PM and at about 05:45 PM excise inspector Sh Mohan Singh Rana reached at the spot along with his team. All the record pertaining to permit, pass, canter No HR-37E-3607 loaded with 1200 cases of country liquor and driver handed over to excise official for further verification. Thereafter, the above said canter No HR-37E- 3607 loaded with 1200 cases of country liquor and driver were taken to CIA- 1 Yamunanagar for verification. The liquor was unloaded and verified by excise officials through track and trace app (it is designed to trace and track the liquor with the help of scanner of barcodes affixed on each boxes and bottles) designed/ implemented by excise department, Haryana. During scanning of recovered cases and bottles it was found that the same quantity of liquor having identical barcodes has already been shown stock-in at 06:11 PM in L-13 M/S Scotch Station Wines, Jagadhari, Yamunanaga (whole seller of country liquor). Therefore, the L-13 M/S Scotch Station Wines, Jagadhari, Yamunanaga (whole seller of country liquor) was visited by excise officials and Munsi namely petitioner/accused Sushil found present there. The L-13 M/S Scotch Station Wines, Jagadhari, Yamunanaga (whole seller of country liquor) was closed by excise officials for further verification and co- accused Sushil, driver Ramavtar, canter No HR-37E-3607 loaded with 1200 cases of illegal country liquor taken to the place of occurrence after verification again. Thereafter, the present FIR No 203 was registered on the complainant of Sh Mohan Singh Rana excise inspector on dated 22.06.2024 under section 1208, 406, 420, 467, 468, 471, 473 & section 61(1) (a) of The Punjab Excise Act, 1914 (Haryana Amendment Bill, 2020 and further proceedings were completed by investigating officer on the spot. The 2 2 of 8 ::: Downloaded on - 20-10-2024 23:59:47 ::: Neutral Citation No:=2024:PHHC:132842 CRM-M-41127-2024 -3- petitioner/accused Ramavtar (driver of canter) and petitioner/accused Sushil were arrested in the present case. The case property i.e. canter No ARY HR-37E- 3607 loaded with 1200 cases of illegal country liquor, permit, pass, RC, insurance were taken in to police possession. Presently this case is being investigated by SIT headed by deponent.
4. That, vehicle loaded with 1200 boxes of liquor was taken into police possession. Co-accused Ramavtar (driver of the offending vehicle) and petitioner Sushil (munshi of the L-13) were arrested on 22.06.2024. Accused Manoj Mahajan, Sales and Marketing Manager, NV International Private Limited, village Badhauli District Ambala (hereinafter referred as N V Distillery) was arrested on 23.06.2024 and is in judicial custody since 23.06.2024, Accused Brijpal and Rinku were arrested on 27.6.2024 and are in judicial custody since 30.06.2024 after completion of police remand. Accused Umesh Sharma General Manager Accounts N V Distillery was arrested on 06.07.2024 and is in Jail. Accused Jitender Gulati, IT Head N V Distillery and Akshay were arrested on 07.07.2024 and are in judicial custody. Co-accused Anil Verma AETO-Excise, Pardeep Excise Inspector and Satbir police official currently on deputation in excise department were arrested on 11.07.2024. Sections 7,8 & 13 of Prevention of Corruption Act 1988 (as amended) have been added in the case during course of investigation. Accused Ghananand Chamauli has been arrested on 18.07.2024. Accused Mahesh Gupta was arrested on 17.08.2024. Accused Arvind Kumar Singh was arrested on 23.08.2024. Thus, fourteen accused have been arrested so far out of which only two accused namely Anil Verma and Mahesh Gupta are on interim bail for 30 days on medical grounds. One accused has died allegedly due to accident in train. Co- accused Sushil was recently granted regular bail by this Hon'ble Court with specific observation that other co-accused will not seek bail on this basis. Accused have suffered their respective disclosure statements. Certain relevant recoveries were also made from the accused. It has been revealed during investigation that barcodes which are affixed on every box & liquor bottle for tracking and other purposes have been wrongfully and illegally used twice for evading excise duty, permit fees etc., thereby causing huge wrongful loss to the government exchequer and wrongful gain to present accused party."
4. Mr. Vikram Chaudhari, Ld. Sr. Advocate seeks bail on old age, medical, and merits. In addition to elucidating submissions, he also drew the Court's attention to the following grounds mentioned in the bail petition, which read as follows:
"(i) That the petitioner is more than 73 years of age and suffering from several ailments which incapacitates him in any way whatsoever to look after, manage or conduct the business or affairs of the company in an effective and purposeful manner. Company is run in a professional manner and there are several other officers/employees who look after the affairs of the company for specific or particular purposes. The particular manufacturing unit/distillery in Ambala was singularly looked after and managed by a responsible person namely Shri Ambrish Tyagi whose particulars are endorsed, acknowledged and available with the statutory authorities under the Factories Act etc. 3 3 of 8 ::: Downloaded on - 20-10-2024 23:59:47 ::: Neutral Citation No:=2024:PHHC:132842 CRM-M-41127-2024 -4-
(ii) The registered corporate office of the company is located at Delhi where the Petitioner resides. He is not personally responsible for every singular event that may be happening at the distillery in Ambala. The other group companies of the present company also have distilleries which are located in Punjab (Rajpura) and therefore, the Petitioner under no circumstances is physically in a position to minutely supervise and look after the affairs of each and every aspect in these Distilleries. Insofar as the petitioner is concerned, merely because he is the director who has not even physically visited the premises of the distillery for the last several months cannot be saddled with vicarious criminal liability, a concept which is alien to the settled tenets of criminal jurisprudence."
5. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.
6. The State's counsel opposes bail and refers to the following portions of the reply, which read as follows:
"10. That, interrogation of accused already arrested so far as well as crucial and reliable evidences collected so far have revealed that since July 2023 to June 2024; such 435 consignments containing 542050 boxes of CL were dispatched in blatant illegal manner as per demand of liquor contractors involving money approximately fifty crores rupees which has been received in cash by conniving with public servants specifically excise officials. Three such officials have already been arrested and are in judicial custody and role of other public servants being ascertained during course of investigation.
11. That, investigation has further revealed that even track and trace System which was recently introduced by Excise Department has been misused by accused distillery as distillery management in connivance with co-accused Akshay (hired by NIC as software developer who remained associated with complete process of launching of this system) by giving him illegal gratification. Further, holograms have been got printed by distillery from Noida in illegal manner. This aspect has also been unearthed during course of investigation.
12. That, digital devices recovered during course of investigation have been sent to Cyber Forensic Lab for examination and report. Further, liquor samples have been sent to chemical examiner for examination. Hologram affixed on bottles have been sent to printing unit through excise department to ascertain genuineness of the same. Statements of eight witnesses have been got recorded under section 164 of CrPC so far and statements of many witnesses have been recorded under section 161 of CrPC in the present case.
(A) Role of petitioner Petitioner is chairperson of N V Group and director in NV distilleries situated at village-Badhauli (Ambala) as per record. He filed anticipatory ball application in session court Yamuna Nagar which was dismissed as withdrawn vide order dated 08.07.2024. Petitioner along with co-accused Sameer Goyal 4 4 of 8 ::: Downloaded on - 20-10-2024 23:59:47 ::: Neutral Citation No:=2024:PHHC:132842 CRM-M-41127-2024 -5- (CMD of N V Group) are kingpin in entire matter and ultimate beneficiaries of offences committed. It has been revealed during investigation that around 18 crores deposited in cash in distillery situated at Badhauli by various liquor contractors for receiving liquor consignments in illegal manner have been taken to Delhi office of NV group upon instructions of Ashok Jain by his PSOs/his close relatives. Details extracted from Tally software and duly corroborated by reliable evidences are given below:-
S.No Date Given to Amount (in lacs)
1. 12.04.2023 PSO 13.50
2. 19.04.2023 Amit Swing (Finance NV) 08.50
3. 05.05.2023 PSO 20.00
4. 17.05.2023 Amit Swing 08.00
5. 02.09.2023 PSO 50.00
6. 05.09.2023 Sardarji (PSO) 50.00
7. 11.09.2023 -- 60.00
8. 15.09.2023 Devender (PSO) 65.00
9. 20.09.2023 Dinesh (PSO) 95.00
10. 20.09.2023 Amit Swing 20.00
11. 21.09.2023 Sachan 05.00
12. 23.09.2023 Sachan 02.50
13. 26.09.2023 Through Madam 90.00
(ascertained as Neha who is
daughter of petitioner)
14. 30.09.2023 PSO 50.00
15. 30.09.2023 Anil Chd 07.70
16. 05.10.2023 PSO 20.00
17. 07.10.2023 MD Sameer Goyal 25.00
18. 11.10.2023 PSO Dinesh 60.00
19. 11.10.2023 MS Sameer Goyal 25.00
20. 13.10.2023 PSO 24.00
21. 14.10.2023 PSO 20.00
22. 18.10.2023 PSO Dinesh 90.00
23. 26.10.2023 PSO Dinesh 55.00
24. 27.10.2023 Satpal (PSO) 45.00
25. 28.10.2023 PSO Dinesh 50.00
26. 07.11.2023 MD Sameer Goyal 20.00
27. 15.11.2023 PSO Dinesh 100.00
28. 18.11.2023 PSO Dinesh 50.00
29. 21.11.2023 PSO Dinesh 21.00
30. 22.11.2023 MD Sameer Goyal 48.50
31. 25.11.2023 Sardarji (PSO) 100.00
32. 27.11.2023 Sardarji (PSO) 45.00
33. 28.11.2023 Dinesh PSO 80.00
34. 01.12.2023 Sardarji (PSO) 55.00
35. 05.12.2023 Amit Rathi (PSO) 55.00
36. 06.12.2023 Dinesh (PSO) 45.00
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Neutral Citation No:=2024:PHHC:132842
CRM-M-41127-2024 -6-
37. 07.12.2023 Dinesh (PSO) 68.00
38. 14.01.2024 -- 25.00
39. 20.01.2024 -- 15.00
40. 04.04.2024 -- 65.00
41. 27.04.2024 Dinesh (PSO) 15.00
42. 29.05.2024 Dinesh(PSO) 25.00
43. 10.06.2024 Dinesh(PSO) 40.00
44. 19.06.2024 Dinesh(PSO) 18.00
1849.70
Rest amount has been directly deposited at his office situated in Delhi.
Two separate account management systems were being followed by distillery upon active instructions of petitioner and co-accused Sameer Goyal instructions (tally for illegal activities and SAP for legal activities out of which data pertaining to tally have been obtained). Certain digital devices seized during course of investigation duly substantiate the claim.
Petitioner along with co-accused Sameer Goyal CMD and Ambrish Tyagi, Director found a way out of barcode system implemented by excise department for track and trace. Putting identical copies of already used barcodes on liquor boxes and bottles was done in pre-planned manner. Petitioner has regularly visited distillery and remained in constant touch with co-accused. Further, details regarding accused remaining in constant touch with other co-accused have been obtained and analysed establishing linkage of petitioner with co- accused and connected persons associated with present matter.
It has also been revealed that petitioner and other co-accused normally used face time and whatsapp to contact. Further, it has been revealed that forged/fake holograms were used by distillery for sale of liquor in illegal manner. Petitioner and co-accused Sameer Goyal contacted Arvind Kumar Singh (co-accused) to find out printing press which can print holograms in illegal manner of same serial numbers as provided by excise department. Accused Arvind Kumar Singh further contacted Pankaj Mishra based in Noida for this purpose and got supply of seventeen lacs such holograms in last six months. Tally data shows that more than two crores were paid to public servants/others since July 2023 to June 2024 as illegal gratification so that their direct/indirect assistance can be obtained in running this racket can be run in unhindered manner. Three public servants have been arrested so far in this case (B) Evidence against petitioner
(i) Petitioner is head of N V group and director in NV International Pvt. Ltd. He is ultimate beneficiary in whole sequence of matter.
(ii) Tally software data revealed during course of investigation duly indicate active involvement of petitioner. Money was received in cash at distillery and HQ of distillery situated at Vandana Building, Tolstoy Marg, Delhi for 435 6 6 of 8 ::: Downloaded on - 20-10-2024 23:59:47 ::: Neutral Citation No:=2024:PHHC:132842 CRM-M-41127-2024 -7- illegal consignment of country liquor upon his directions/instructions. Money was taken to Delhi by PSOs/close relative of petitioner.
(iii) CDR analysis of co-accused already arrested/wanted in present matter clearly reveals that petitioner was in constant touch with co- accused and used to guide them for committing illegalities.
(iv) Statements of witnesses recorded under section 164 of CrPC also corroborates the incriminating role of petitioner as all illegal transactions were carried out upon instructions of petitioner. He used to instruct/direct Vice President of distillery and finance head Ajay Dube the quantum of illegal gratification to be paid to various public servants. It has been revealed that huge amount has been given as illegal gratification to excise officials so that liquor smuggling may be done in unhindered manner.
(v) Interrogation of accused arrested as well as examination of witnesses during course of investigation has revealed that petitioner played key role in getting holograms printed bearing same serial number as allotted by excise department as well as in getting identical barcodes printed.
(C) Petitioner's vested interest Petitioner/accused is kingpin in affairs of both distilleries situated at village Badhauli District Ambala being head of N V group. He is director of the distillery and found out a way to earn money in shortest possible time. Accused is ultimate beneficiary in sequence of whole events. Investigation has revealed that since July 2023, accused caused wrongful loss to the tune of Rs. 35 crore (approximately), thereby causing wrongful gain for himself.
(D) Petitioner's need for police custody Petitioner's police custody is crucial for proper investigation to unearth the whole nexus of crime being committed in organized manner as well as to unearth deep nexus of petitioner/accused with other co-accused including certain public servants.To establish the money trail in present matter as well as to recover the money involved in present matter, police custody would be required. Custodial interrogation of petitioner would also interest of investigation to prove the aspect of printing and usage of identical barcodes and holograms and to gather corroborative/documentary evidences in this regard. To establish exact receiver of illegal consignments of liquor (435 such consignments since July 2023 to June 2024 and even prior to that, if any), custodial interrogation of petitioner will be required."
7. There is ample primafacie evidence of the petitioner's involvement. The impact of crime would also not justify bail. The sly way the petitioner and his accomplices, in connivance with some corrupt government officials, took advantage of the system's vulnerabilities and took the entire process for a ride. The petitioner's disdain reflects culpability and malicious intent.
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8. The petitioner is not entitled to anticipatory bail. To ensure that the petitioner's health and illness do not impact his life, he shall be interrogated with utmost decency, a soft tone, and great respect. The interrogation must not extend for more than 2/3 hours at a time, with adequate breaks, while caring for the petitioner's health and either letting him take his food or providing him with healthy food. These observations on medical and old age shall not come in the petitioner's way when he seeks regular bail.
9. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.
10. Petition dismissed. Interim orders are recalled with immediate effect. All pending applications, if any, are disposed of.
(ANOOP CHITKARA)
JUDGE
27.09.2024
Sonia Puri
Whether speaking/reasoned: Yes
Whether reportable: No.
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