In SEEPZ bribery case, the CBI Court has declared the arrest of six persons including 2 IRS Officers illegal and disapproved of the high handedness of CBI.
Sanction under Section 17A of the Prevention of Corruption Act is a requirement for conducting an investigation or inquiry into an alleged offense committed by a public servant. No sanction under Section 17A of Prevention of Corruption Act (PC Act) was obtained by the agency.
The accused submitted that they were detained from 10 am on December 17 but were produced before court only at 4 pm on 18 December, not within 24 hours as required by law.
The court has dismissed the remand applications. Accused officers have been set free on furnishing the SB and PR bond of Rs. 15,000 each.
Background
The CBI has arrested the IRS officers-Joint Development Commissioner CPS Chauhan and Deputy Development Commissioner Prasad Varwantkar, along with five other people, including two assistant development commissioners for allegedly favouring a group of middlemen in return for illicit monetary favours.
During the searches, around Rs 50 lakh has been seized during the searches at the premises of the seven suspects, with Rs 40 lakh understood to be from the premises of arrested Assistant Development Commissioner Rekha Nair.
Allegations Against IRS Officers
An information from reliable source was received that Shri CPS Chauhan, IRS -2009 presently posted as Joint Development Commissioner, SEEPZ-SEZ, Andheri (East), Mumbai alongwith other officers of SEEPZ in connivance of private persons are engaged in collusive corruption and collecting undue advantage from the parties functioning from SEEPZ and other related parties in the matter of space allotment, disposal of imported goods which are not utilized in manufacturing, sale of duty free imported goods without paying duty, engagement of security persons & daily wagers and is favoring civil contractors in lieu of monetary consideration.
It was also learnt from sources that Shri CPS Chauhan is getting extension by paying hefty bribe to the higher-ups.
It is also learnt from sources that Shri Samir Daga and Shri Manoj Joglekar both private persons, are collecting money on behalf of Shri CPS Chauhan and other officers.
Manoj Joglekar was traced at SEEPZ, Andheri (East) Mumbai and on preliminary enquiry he admitted collecting bribes on direction of Officers posted at SEEPZ SEZ and on their behalf. He also informed that bribes collected by him are kept in his office at SEEPZ campus and he can produce the same before the JSC team. As such, he was allowed to do so.
Manoj Joglekar brought one large white colored bag and other containing 03 small bags (containing bribe money collected by him) from his office and produced the same before the JSC team in presence of independent witnesses. He was enquired in presence of independent witnesses and officers of Vigilance Division of Department of Commerce, Ministry of Commerce & Industry, GOI and he confirmed that he used to collect bribes from parties as and when directed by said officers namely Shri CPS Chauhan, Joint Development Commissioner, Dr. Varawantkar Prasad Hanumantrao, IRS, Deputy Development Commissioner and other officers and officials of SEEPZ SEZ Mumbai.
Manoj Joglekar further informed that on the direction Shri CPS Chauhan, Joint Development Commissioner, he used to collect bribe money. Recently on 12.12.2024, he collected Rs. 15 Lakh as a bribe from one Shri Shailendra Jani of M/s. The Design House.
On the same day, Manoj Joglekar contacted Venktesh of M/s. Design House and enquired about payment to Shri CPS Chauhan. On which Shri Venktesh told him that he will communicate the same to Shri Jani.
On 12.12.2024 between 2-2.30 PM, Shailendra Jani contacted Shri Manoj over WhatsApp caII and met him near his office at SEEPZ Andheri, Mumbai and handed him over bribe amount of Rs. 15 Lakh with a request to handover the same to Shri CPS Chauhan.
After receipt of bribe money from Shri Jani at about 5.30 PM, Shri Manoj Joglekar visited the office of Development Commissioner at SEEPZ Andheri Mumbai and handed over said cash of Rs. 15 Lakh to Shri CPS Chauhan. On 13.12.2024, Shri CPS Chauhan called Shri. Manoj Joglekar through his staff and Shri Manoj Joglekar met Shri CPS Chauhan at his office.
CPS Chauhan handed over Rs. 8 Lakh (16 bundles of Rs. 500/- each) to Shri Manoj Joglekar in 04 brown colored envelopes and asked him to distribute it equally Rs. 2 Lakh each amongst S/Sh. Manish Kumar, ADC, Ravi @ Ravinder, Assistant, RajeshKumar, UDC and Smt.RekhaNair,ADC.
Accordingly,Manoj Joglekar handed over cash Rs. 4 Lakh to Smt. Rekha Nair, ADC (Rs. 02 Lakh of her share and Rs. 02 Lakh as a share of Shri Rajesh Kumar, UDC, who had left office early) requested her to handover it to Rajesh Kumar. Further, Shri Manoj handed over Rs. 02 Lakh share to Ravi @ Ravinder, Assistant who instructed him to keep the same in the dickie of his two-wheeler parked in office premises.
However, Shri Manoj Joglekar could not hand over the share of Shri Manish Kumar, ADC, as he could not locate Shri Manish Kumar. Finally, on 16.12.2024, when Manoj Joglekar met Manish Kumar at his office, Manoj Joglekar handed over Rs. 2 Lakh cash of bribe money to Shri Manish Kumar, ADC informing him that amount is given as per the direction of CPS Chauhan as his share.
The 4 bags containing bribe amounts in envelopes/bags were analyzed by the JSC team in presence of independent witnesses and as informed by Shri Manoj Joglekar it is found that around 22 envelopes containing names of different company / code words like RR and SM were written.
Joglekar informed that the envelope containing bribe money coded as SM and RR belongs to Sanjiv Kumar Meena and Ranjit Rawool and their team members respectively. One separate envelope on which RR was written containing bribe money of Rs. 63,500/- was meant for Ranjit Rawool only. Envelopes contains bribe money coded as SO are meant for Smt Kanchi Gupta, Specified Officer.
On a plastic bag containing bribe money was coded as AC and Anil is meant for Shri Anil Chaudhary, the then Specified Officer. Envelopes coded as DDC and in one orange colour plastic bag containing bribe money was meant for Dr Prasad Hanumantrao Varawantkar, IRS, ’02 envelopes containing cash coded as Rajesh are meant for Rajesh Kumar UDC. 02 envelopes containing cash coded as “Narl”, but Shri. Manoj could not recollect the name right now.
Finally Manoj Joglekar informed that the total bribe amount available with him would be to the tune of approximately Rs. 60 lakhs, which are kept in different envelopes.
