Delhi District Court
Central Bureau Of Investigation vs (1)Puran Singh S/O Sh. Khanda Singh on 12 May, 2010
IN THE COURT OF SHRI P.S. TEJI : DISTRICT JUDGE (EAST) cum
SPECIAL JUDGE (CBI), KARKARDOOMA COURTS, DELHI
AC No.5/2005
FIR No.RC SIB 2004 E 0003
U/s 120B r/w 109/119/193/201/211/218/221/255/259 IPC
and U/s 7, 12 and 13(1)(d) r/w 13(2) of P.C. Act
Central Bureau of Investigation
Versus
(1)Puran Singh S/o Sh. Khanda Singh
R/o B33, Moti BaghI, New Delhi.
(2)Gaurav Agarwal S/o Sh. Surendra Kumar
R/o E15, Gali No.26A, Molarband Extn.,
New Delhi44.
(3)Abdul Karim Telgi S/o Sh Laad Saheb Telgi
R/o Khanaur, Distt. Belgaum, Karnataka.
(4)Om Prakash S/o Sh. Mahipal Singh
R/o H.No.111, Mahalian Mohalla,
Ghonda, Near Seelampur, PS Usmanpur,
PS Mouzpur, Delhi53.
(5)Ratan Singh S/o Late Shish Ram
R/o C531, Nathupura, Delhi84.
(6)Sanjay Bajad S/o Sh. Vijay Pal Singh
R/o 141A, Bank Colony, Mandoli, Delhi93.
Date of Institution : 31.01.2005
Date of judgment reserved : 26.04.2010
Date of judgment : 12.05.2010
J U D G M E N T
The six accused persons, namely, Pooran Singh, Gaurav Agarwal, Abdul Karim Telgi, Om Prakash, Ratan Singh and Sanjay Bajad have AC No.5/2005 CBI Vs. Pooran Singh etc. Page 1 of 7 been sent to the Court for facing the trial for the offences punishable under Section 120B r/w 109/119/193/201/211/218/221/255/259 IPC and U/s 7, 12 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act.
2 The allegations levelled against the accused persons are that accused Puran Singh, Inspector of Delhi Police along with Gaurav Aggarwal, Sub Inspector of Delhi Police and others conspired with accused Abdul Karim Telgi and others during the period 1999 to 2001 and in furtherance of the said conspiracy, aided and abetted the offences of printing and selling counterfeit stamps of Government of India as genuine to various business houses, causing monetary gain to themselves and loss to the Government. Accused Puran Singh while investigating the case FIR No.803/1999, PS Defence Colony along with accused Gaurav Aggarwal and others, came in contact with accused Abdul Karim Telgi. Accused Puran Singh and Gaurav Aggarwal entered into a criminal conspiracy with accused Abdul Karim Telgi and others with the object to sell counterfeit stamps of Government of India as genuine which were printed by accused Abdul Karim Telgi during the period 19992001. Accused Puran Singh and Gaurav Aggarwal in furtherance of criminal conspiracy knowingly and deliberately kept accused Abdul Karim Telgi out of the purview of investigation. Accused Puran Singh did not investigate the chargesheet against accused Abdul Karim Telgi even when one Anand wanted in case FIR No.803/1999, was arrested and shown favour to accused Abdul Karim Telgi. Accused Puran Singh illegal checked the stock of stamps of various companies without any basis by abusing his position. Accused Abdul Karim Telgi supplied counterfeit foreign bill stamps of Rs.1,50,000/ to M/s.Ranbaxy Laboratories Ltd. through his men working in M/s.Unique Consultants. These stamps were sent to Hong Kong and Shanghai Banking Corporation along with documents. Accused Puran Singh visited the said Corporation on 6.12.2000 while conducting the investigation of AC No.5/2005 CBI Vs. Pooran Singh etc. Page 2 of 7 case FIR No.803/1999. He checked and declared the said stamps along with documents to be bogus, but did not investigate the matter. On 7.12.2000, accused Puran Singh visited the office of M/s.Ranbaxy Laboratory Ltd. and checked the available stock of foreign bill stamps and declared the same to be fake and seized the same. On 8.12.2000, accused Puran Singh caught Prahlad Singh, delivery boy of M/s.Blue Star Services, without following the legal procedure and got the case FIR No.878/2000, PS Kalkaji, registered by abusing his position.
3 During the investigation of counterfeit stamps, accused Puran Singh and Gaurav Aggarwal (dismissed), did various illegal acts by preparing documents and facilitated accused Abdul Karim Telgi. Accused Puran Singh accepted illegal gratification and accepted cash of Rs.2,95,000/, from Narender Singh in case FIR No.878/2000 by allowing him to withdraw the amount by four cheques, while in police custody on 11.1.2001. Accused Puran Singh accepted huge amounts from others who figured in counterfeit stamp cases for not performing his duty or showing favour. The chargesheet was filed against all the accused persons. Three conspiracies have been hatched by the accused persons.
4 The first criminal conspiracy was hatched amongst all the accused persons in November, 1999 after the registration of case FIR No. 803/1999. This conspiracy was carried forward by the accused persons during the period 20002001 when accused Puran Singh while abusing his official position, extended the scope of investigation of case FIR No.878/2000, by planting seizure of fake stamps upon the disclosures of Prahlad Singh and Jaikishan Singh. The payment of bribe of Rs.10,00,000/ was made by accused Abdul Karim Telgi to accused Puran Singh. It is alleged that accused persons committed criminal misconduct, gave false information to screen the offender, AC No.5/2005 CBI Vs. Pooran Singh etc. Page 3 of 7 fabricated false evidence and levelled false charges of evidence with intent to cause injury to the said person.
5 A supplementary chargesheet was filed against all the accused persons in which it was alleged that accused Puran Singh while conducting the investigation of case FIR No.803/1999, along with accused Gaurav Aggarwal, came in contact with accused Abdul Karim Telgi. They entered into a criminal conspiracy with accused Abdul Karim Telgi and others during the period 19992001 to sell counterfeit stamps as genuine stamps, which were printed by accused Abdul Karim Telgi. Accused Puran Singh and Gaurav Aggarwal in furtherance of the said criminal conspiracy, knowingly and deliberately kept accused Abdul Karim Telgi out of the purview of the investigation. Accused Puran Singh showed favour to accused Abdul Karim Telgi even after the arrest of Anand in case FIR No.803/1999. While conducting investigation of case FIR No.878/2000, accused Puran Singh visited Chennai with accused Abdul Karim Telgi and issued false house/office search memos in respect of M/s. Marina Services, firm of accused Abdul Karim Telgi and in respect of residential premises of Nizamuddin, proprietor of Marina Services and Associate of accused Abdul Karim Telgi, on whose licence Abdul Karim Telgi was doing the business of fake stamps.
6 Accused Puran Singh had not found any fake stamps in the said premises, meaning thereby the firm of accused Abdul Karim Telgi was dealing in genuine stamps. The investigation revealed that no search was ever conducted by accused Puran Singh in the said premises and the memos were prepared by him in conspiracy with a view to facilitate the sale of fake stamps business of accused Abdul Karim Telgi in Chennai and other parts of Tamil Nadu. The memos prepared by accused Puran Singh were used by M/s.Marina Services and Shara Enterprises, (both firms of accused Abdul Karim Telgi), for AC No.5/2005 CBI Vs. Pooran Singh etc. Page 4 of 7 obtaining the orders of stamps from LIC and others by showing the same as certificate that they were dealing in genuine stamps. During the investigation, copies of such false house/office search memos were seized from the office of Marina Services and Shara Enterprises. The said search memo dated 1.6.2001, do not find mention in the case diary of case FIR No.878/2000. No case diary for 1.6.2001 in case FIR No.878/2000, has been issued by accused Puran Singh. The investigation revealed that three search memos in respect of Marina Services, residence of Nizamuddin and of M/s.Shara Enterprises, were prepared by accused Puran Singh at the behest of accused Abdul Karim Telgi with a view to facilitate the fake stamp business of accused Abdul Karim Telgi. The accused Abdul Karim Telgi used to insist that the said memos were obtained by him from accused Puran Singh by paying huge sums of money and the same should be utilized frequently to enhance the sale of fake stamps and for obtaining the orders from various clients including the LIC.
7 The charges were framed against all the accused persons, including accused Accused Abdul Karim Telgi by my learned Predecessor on 23.10.2007. The accused Abdul Karim Telgi has been charged for the offences punishable under Section 120B r/w 119, 193, 211, 218, 221 and 259 of IPC and U/s 7, 12, 13(1)(d) r/w 13(2) of P.C. Act. Accused Abdul Karim Telgi has also been charged for the commission of substantive offences punishable U/s 259, 193 of IPC and U/s 7 and 12 of P.C. Act.
8 During the course of trial, the accused Abdul Karim Telgi moved applications and confessed the commission of all the offences for which he has been charged. The accused was given the opportunity to consider his confession. Since, the accused insisted upon his confessional statement, therefore, his confession was accepted.
AC No.5/2005 CBI Vs. Pooran Singh etc. Page 5 of 7 9 The perusal of record shows that there is no arrest memo on the file from which the date of arrest of the accused Abdul Karim Telgi can be ascertained. The accused Abdul Karim Telgi was produced for the first time before this Court on 31.10.2005 through Video Conferencing. The accused Abdul Karim Telgi accepted that the date 31.10.2005 be treated as his date of arrest. So, the date of arrest of accused Abdul Karim Telgi in the present case is taken as 31.10.2005.
10 After going through the facts and circumstances of the case and also keeping in view the confessional statement of the accused Abdul Karim Telgi, the accused is hereby held guilty for the commission of offences punishable under Section 120B IPC read with Section 119, 193, 211, 218, 221 and 259 of IPC and U/s 7, 12, 13(1)(d) r/w 13(2) of P.C. Act. The accused is also hereby held guilty for the offences punishable under Section 259, 193 of IPC and U/s 12 of P.C. Act and is convicted accordingly.
11 The convict has also been heard on the quantum of sentence. It has been submitted by the convict that his wife is on death bed and that since he has been convicted in all other cases pending against him and has been sentenced for five years imprisonment, therefore, by taking a lenient view against him, he should be given lessor punishment and fine in the present case also. 12 On the other hand, the learned Special PP for the CBI, Sh. S.K. Saxena has argued that the accused Abdul Karim Telgi is involved in the scam of printing and selling fake stamp papers, worth Rs.3,000/ crores, thereby causing huge losses to the Government. It is further submitted that he has already been convicted in several other cases and that keeping in view this position of the matter, he is not entitled for any leniency. 13 Keeping in view the facts and the circumstances of the case as referred above, the convict Abdul Karim Telgi is awarded the sentence of AC No.5/2005 CBI Vs. Pooran Singh etc. Page 6 of 7 imprisonment for seven years RI with fine of Rs.25,000/ for the commission of offence punishable under Section 120B IPC. In default of payment of fine, the convict shall further undergo RI for six months.
14 Similarly, the convict Abdul Karim Telgi is also awarded the sentence of imprisonment for seven years RI with fine of Rs.25,000/ for the commission of offence punishable under Section 193 IPC. In default of payment of fine, the convict shall further undergo RI for six months. 15 The convict Abdul Karim Telgi is also awarded the sentence of imprisonment for seven years RI with fine of Rs.25,000/ for the commission of offence punishable under Section 259 IPC. In default of payment of fine, the convict shall further undergo RI for six months.
16 The convict Abdul Karim Telgi has also been convicted for the offence punishable under Section 12 of PC Act, therefore, he is awarded the sentence of imprisonment for five years RI with fine of Rs.25,000/ for the commission of offence punishable under Section 12 of PC Act. In default of payment of fine, the convict shall further undergo RI for six months. 17 All the sentences of the convict shall run concurrently. The convict Abdul Karim Telgi shall be entitled for the benefit of the provisions of Section 428 Cr.PC.
18 Copy of the judgment be sent to Jail Superintendent, Bangalore Jail for information.
Announced in the open Court ( P.S. TEJI )
Dated: 12.5.2010 District Judge (East) cum ASJ
Special Judge (CBI)
Karkardooma Courts : Delhi
AC No.5/2005 CBI Vs. Pooran Singh etc. Page 7 of 7