Delhi High Court - Orders
Luv Bharadwaj vs Central Bureau Of Investigation on 11 January, 2022
Author: Mukta Gupta
Bench: Mukta Gupta
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2033/2020
CRL.M.A. 14576/2020
LUV BHARADWAJ ..... Petitioner
Represented by: Mr. Sameer Rohatgi and Mr.Manohar
Malik, Advocates.
Versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Represented by: Mr. Ripu Daman Bhardwaj, SPP for
Respondent - CBI with Mr. Kushagra
Kumar, Advocate and Inspector Amit
Kumar.
Mr. Zoheb Hossain, Sr. Standing
Counsel and Mr. Parth Semwal, Jr.
Standing Counsel, Mr.Vipul Agrawal,
Jr. Standing Counsel for Income Tax
Department.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 11.01.2022 The hearing has been conducted through Video Conferencing.
1. By this petition, the petitioner challenges the order dated 15th October, 2020, whereby the learned Special Judge declined to de-seal the locker Nos. 86 and 96, Federal Bank, Shalimar Bagh, New Delhi and restraining the respondents from conducting any raid, search, enquiry or investigation.
2. Case of the petitioner is that the petitioner was not named as an accused in RC No.BDI/2011/E0002/BS&FC/CBI/New Delhi under Sections 120B IPC read with Sections 420/467/468/471 IPC and Sections 13(2) read Signature Not Verified Digitally Signed By:JUSTICE CRL.M.C. 2033/2020 PageGUPTA MUKTA 1 of 3 Signing Date:11.01.2022 22:01:37 with Section 13(1)(d) of PC Act, 1988. The accused named therein were Texcomash International Private Ltd., Vijay Julka, Abhishek Tiwari, Narendra Kumar Rajgriha, who were the directors of Texcomash International Private Ltd. and four public persons relating to State Bank of Mysore. In the course of those proceedings, the Investigating Officer sealed two lockers of the petitioner bearing Nos.86 and 96 as noted above and thus, the petitioner sought desealing of the same as due to pandemic, the petitioner was facing serious financial difficulties. The petitioner also sought return of the sale deed of property No.7, Block A-1, Safdarjung Enclave which was seized by the CBI and finds mention in seizure memo at Serial No.25.
3. As regards the two lockers are concerned, since an inventory was prepared, it was found that the two lockers contained 32 kgs of gold approximately and thus, the Court was of the view that despite detailed investigation, CBI had not lodged/ initiated any other proceedings against the applicant nor has informed any other statutory authorities of the facts which have been revealed. Further, as regards the return of the property documents i.e. the Sale Deed dated 3rd May, 2010 are concerned, the learned Trial Court noted that the property was owned by company which has been struck off the register of the companies i.e. SMC Logistics and thus, how can a company which has been struck off still have shareholders. It was thus held that the applicant should wait for the final charge-sheet to be filed before seeking return of the Sale Deed dated 3rd May, 2010.
4. Before this Court, a status report has been filed by the CBI on 24th February, 2021. As noted in Para 9 of the status report, the investigation has further revealed that the Power of Attorney to operate Locker Nos. 86 and Signature Not Verified Digitally Signed By:JUSTICE CRL.M.C. 2033/2020 PageGUPTA MUKTA 2 of 3 Signing Date:11.01.2022 22:01:37 96 at Federal Bank, Shalimar Bagh, New Delhi was given by the petitioner to Ms. Sonal Dubey, daughter of Sh. Rajiv Kishore Dubey (Ex-CMD, Canara Bank) with effect from 2nd June, 2010 to 16th September, 2010. Further, another Power of Attorney was given to Sh. Kinshuk Dubey, son of Sh. Rajiv Kishore Dubey on 17th September, 2010 till the date of search. Ms. Sonal Dubey operated the lockers on 3rd June, 2010, 13th July, 2010 and 23rd August, 2010.
5. Learned Standing Counsel for the CBI further submits that now the gold as lying in the two lockers and the Sale Deed have been seized in RC No.BDI/2016/E/0004/CBI/BS&FC/New Delhi. However, this fact is not stated in the status report.
6. An additional affidavit/ status report be filed by the CBI in this regard before the next date.
7. List on 3rd March, 2022.
8. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
JANUARY 11, 2022 PB Signature Not Verified Digitally Signed By:JUSTICE CRL.M.C. 2033/2020 PageGUPTA MUKTA 3 of 3 Signing Date:11.01.2022 22:01:37