Ahluwalia Etc(2) Da Case on 12 July, 2024
CBI vs. Surender Singh Ahluwalia etc
IN THE COURT OF SH. ANIL ANTIL, SPECIAL JUDGE
themselves.
Present case not linked to the DA Case against Appellants
25. It requires to be mentioned at this stage that during the
investigation ... argued
that the DA case and the present case are connected.
27. Likewise, as regards Smt.Runu Ghosh, a separate case
entire prosecution of the
Appellant in the present Disproportionate Assets (DA) case stood
vitiated.
21. In reply it was pointed out by Mr. Manoj Ohri ... nothing incriminating had been found
against the Appellant, the DA case stood entirely on a different
footing. Mr. Ohri pointed out that
terms of DA and performance of
PAAA is premised and predicated on the basis of DA and vice versa. That
DA and PAAA cannot ... specifically
refers to DA and the same is executed towards performance of
obligations under the DA. That reference to the DA is not merely
Investigating Officer Sh. R.K. Das to obtain favour in the DA case.
It is submitted that the said case is sub-judice ... asserted jurisdiction in DA
case with ulterior motives. Furthermore, the bribe case was
registered against the Applicant on 26.09.2004 while DA case was
registered
connected Main Case (R.C-3(A)/91-ACU (I)).
2. The present case is the off-shot of case bearing ... argued that the present case
is an off-shot of the main D.A case. The main case was registered
on 08.08.1991 against
2003 in the manner of investigation of a
DA case which was not at all the subject matter of said RC. He
also denied that ... volunteered
that there was no bar on registration of DA cases in EOW, for
example case of Sh.Ashok Aggarwal. He denied the suggestion
that
submitted that in statement Ex.PW2/DA
made by PW-2 in DA case against S.K. Bhatia he has stated that
he signed ... Cases 28 (HC). It was held in these two cases if the investigation
is tainted then whole of the prosecution case becomes open to
serious
existence of reasons in
appropriate cases involving a challenge to such order. In case the DA is
conceded power to gather informations from sources other ... Sterlite Industries
case. We may only explain here that while dealing with objections or the
case of the concerned parties, the DA must not disclose
Da Costas case. These considerations are more vitally germane to the case of a husband and wife than normally to a case of parents ... enforceable arrangement."
Lastly, this case is different from the case decided by the Supreme Court in George Da Costa v. Controller of Estate Duty