Close X
Tuesday, November 12, 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

Fugitive Goldy Brar's aide arrested in Punjab

Fugitive Goldy Brar's aide arrested in Punjab
The Anti-Gangster Task Force of the Punjab Police has arrested gangster Harpreet Singh, a close associate of fugitive gangster Goldy Brar and mastermind of Pardeep Singh murder case of Kotkapura, Director General of Police Gaurav Yadav said on Monday. 

Fugitive Goldy Brar's aide arrested in Punjab

Priyanka Gandhi sounds poll bugle in MP with five 'tested' promises

Priyanka Gandhi sounds poll bugle in MP with five 'tested' promises
Congress General Secretary Priyanka Gandhi on Monday kick-started party's poll campaign for Madhya Pradesh Asembly polls with five promises on the line of Himachal Pradesh and Karnataka, where it won recently.  Priyanka's rally in Jabalpur also indicated that the Congress will corner the ruling BJP highlighting scams, especially alleged corruption in Mahakal Lok corridor project.

Priyanka Gandhi sounds poll bugle in MP with five 'tested' promises

Punjab aims to achieve growth rate of 7.5% by 2030: Minister

Punjab aims to achieve growth rate of 7.5% by 2030: Minister
Punjab Finance Minister Harpal Singh Cheema on Monday said the government has been drafting a vision document to achieve a rate of growth of the economy at 7.5 per cent per annum by 2030 and 10 per cent by 2047. He said this document would act as a guide for successive governments to focus their efforts and policies in the right direction.

Punjab aims to achieve growth rate of 7.5% by 2030: Minister

Three trains cancelled due to restoration work in Odisha

Three trains cancelled due to restoration work in Odisha
The SCR announced on Friday that the following trains, which were scheduled to commence journey on June 10 stand cancelled; Train Number 12551 SMVT Bengaluru- Kamakhya, 12253 SMVT Bengaluru - Bhagalpur and 12666 Kanniyakumari - Howrah.

Three trains cancelled due to restoration work in Odisha

Punjab to construct high-security digital jail near Ludhiana: CM Mann

Punjab to construct high-security digital jail near Ludhiana: CM Mann
Addressing a gathering after handing over the appointment letters to the newly recruited Jail Warders in Ladda Kothi in Sangrur, the Chief Minister said Rs 100 crore has been approved by the Government of India to set up the digital jail.

Punjab to construct high-security digital jail near Ludhiana: CM Mann

Man cheated 50 women using matrimonial app over 20 yrs, held

Man cheated 50 women using matrimonial app over 20 yrs, held
A 55-year-old man has been arrested for allegedly cheating 50 women of lakhs of rupees after marrying them through different matrimonial websites over a period of 20 years, police said here on Friday.  Tapesh, a native of Jamshedpur, was arrested by the Gurugram police on Thursday from Odisha.

Man cheated 50 women using matrimonial app over 20 yrs, held