Close X
Sunday, November 10, 2024
ADVT 
India

CAT holds order in favour of Sameer Wankhede in a case raising allegations on conduct of raids in Aryan Khan drugs matter

Darpan News Desk IANS, 05 Sep, 2023 12:46 PM
  • CAT holds order in favour of Sameer Wankhede in a case raising allegations on conduct of raids in Aryan Khan drugs matter

New Delhi, Sep 5 (IANS) The principal bench of Central Administrative Tribunal (CAT) here has held an order against former NCB Mumbai Zone Director Sameer Wankhede, against whom certain allegations were raised regarding the "conduct of the raid/investigation" in connection with the Aryan Khan drugs case. 

Wankhede, who is an Indian Revenue Service (IRS) Officer of the 2008 batch, is currently serving as an Additional Commissioner under the Department of Revenue, Ministry of Finance.

In this case, Wankhede (respondent number 1) had filed an application seeking quashing of a report dated June 16, 2022. 

This report was prepared by the Special Enquiry Team (SET), led by Deputy Director General Gyaneshwar Singh of Narcotics Control Bureau (NCB), Delhi, who is the respondent number 4 in the case. 

Wankhede had previously worked as the Zonal Director of the Narcotics Control Bureau (NCB) in Mumbai, Maharashtra. 

During this tenure, Wankhede received some information, on the basis of which a raid was conducted at Cordelia Cruise. 

Post this, certain allegations were raised against Wankhede regarding the "conduct of the raid/investigation". 

To probe these allegations, an SET was formed within the NCB, which subsequently submitted its report, along with related documents, to the Ministry of Home Affairs (MHA) -- respondent number 3 in this case. 

The MHA, in turn, forwarded the preliminary report along with a draft charge sheet proposing major penalties to the disciplinary authority of Wankhede, the Central Board of Indirect Taxes and Customs (CBIC) -- respondent number 5. 

It is Wankhede's case that Gyaneshwar Singh, who was the Chairman of the SET, was actively involved in supervising the investigation of the above-mentioned crime. 

Wankhede contended that it is a violation of the principles of natural justice for Singh to head the SET investigating his own case. 

Upon a thorough examination of the case and the WhatsApp evidence, the tribunal, consisting of Chairman Justice Ranjit More and Member (A) Anand Mathur, also concluded Gyaneshwar Singh being actively involved in the investigation could not have been the part of SET. 

Consequently, the tribunal directed the relevant authorities (respondent numbers 1 and 5) to grant a personal hearing to Wankhede before any action is taken, ensuring that any decision is communicated with a reasoned and clear order. 

However, the respondents argued that the SET report is only preliminary and that the CBIC, as the disciplinary authority, should make an independent decision based on this report. 

They also pointed out that the Central Bureau of Investigation (CBI) has registered an FIR against Wankhede based on the same SET report, which is currently being challenged in the Bombay High Court. 

On Tuesday, Wankhede also filed an affidavit before the Bombay HC stating that the entire FIR including the sanction is based on the SET report and the said report has been held to be unsustainable having been conducted by a person (Gyaneshwar Singh) who could not be a judge in his own cause. 

The affidavit further says that the FIR in question is liable to be quashed and that this tribunal has held rightly that Singh being actively involved in the investigation, could not have been the part of SET, which was constituted to hold an enquiry for the alleged procedural lapses on the part of officials during the seizure and follow up action in connection with the aforesaid crime. 

"It is, therefore, clear that the SET was not only wrongfully constituted but the findings thereof were unsustainable. Further, the entire CBI FIR being based on the said findings is unsustainable especially when the said SET itself has been held to be wrongfully constituted," Wankhede's affidavit states. 

The tribunal had earlier issued notices to the respondents on December 19, 2022. 

On December 20, 2022, an ad-interim relief was granted, directing the Department of Revenue, Ministry of Finance, to grant Wankhede a personal hearing before taking any action based on the SET report. 

 

 

 

MORE India ARTICLES

Fake journalist, policemen held for extorting Rs 50,000 in Gurugram

Fake journalist, policemen held for extorting Rs 50,000 in Gurugram
A team of Gurugram police has arrested a gang of three people for allegedly extorting Rs 50,000 from a person, posing as a fake police officer and fake journalist, police said.  One of the gang members was arrested on June 6, and is identified as Sunil.

Fake journalist, policemen held for extorting Rs 50,000 in Gurugram

List of new Congress state secretaries revoked in Rajasthan

List of new Congress state secretaries revoked in Rajasthan
According to sources, the names of 85 Congress state secretaries were released on May 27, after the approval of the party's Rajasthan in-charge Sukhjinder Singh Randhawa. However, it has now been put on hold till further orders from the All India Congress Committee (AICC).

List of new Congress state secretaries revoked in Rajasthan

Widespread damage and power outages as Cyclone Biparjoy lashes Gujarat

Widespread damage and power outages as Cyclone Biparjoy lashes Gujarat
As the cyclone gradually weakened on its northward trajectory, it had already disrupted everyday life on an unprecedented scale. Uprooted trees, injuries to 23 people, and extensive power failures marked its ferocity as it made landfall on Gujarat's coasts on Thursday evening.

Widespread damage and power outages as Cyclone Biparjoy lashes Gujarat

Punjab CM for inclusion of Mohali in Smart city project

Punjab CM for inclusion of Mohali in Smart city project
The Chief Minister, who called on Puri here, underscored the need to develop Mohali as Smart City. He apprised the Union Minister that Mohali is part of tri-city comprising Chandigarh, Mohali and Panchkula due to which this city holds immense significance.

Punjab CM for inclusion of Mohali in Smart city project

AIIMS Delhi inks MoU with SMSIMSR to jointly work in healthcare education

AIIMS Delhi inks MoU with SMSIMSR to jointly work in healthcare education
The All India Institute of Medical Sciences (AIIMS) Delhi has signed a memorandum of understanding (MoU) with India's first free medical college, Sri Madhusudan Sai Institute of Medical Sciences and Research (SMSIMSR), to jointly work for undergraduate and postgraduate education in healthcare. 

AIIMS Delhi inks MoU with SMSIMSR to jointly work in healthcare education

Cocaine worth Rs 26.5 cr concealed in thermocol balls seized at Delhi airport

Cocaine worth Rs 26.5 cr concealed in thermocol balls seized at Delhi airport
The white-coloured powder inside the thermocol balls tested positive for cocaine in the preliminary test. A total of about 1,922 grams of cocaine, valued at Rs 26.5 crore, has been recovered and seized under the NDPS Act.

Cocaine worth Rs 26.5 cr concealed in thermocol balls seized at Delhi airport