Close X
Thursday, November 28, 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

Modi thanks US Speaker for inviting him to address joint meeting of Congress

Modi thanks US Speaker for inviting him to address joint meeting of Congress
The Prime Minister was responding to McCarthy's tweet of June 2, when he had said, "It is my honor to invite @PMOIndia @narendramodi to address a Joint Meeting of Congress on Thursday, June 22nd."

Modi thanks US Speaker for inviting him to address joint meeting of Congress

Man held at IGI airport for smuggling gold in shoes

Man held at IGI airport for smuggling gold in shoes
The gold concealed in a pair of shoes that the accused was carrying. A senior official said that the man was detained at the airport due to his suspicious activities. Further investigation into the matter is currently underway.

Man held at IGI airport for smuggling gold in shoes

Save future of students facing deportation from Canada: Harsimrat Kaur Badal

Save future of students facing deportation from Canada: Harsimrat Kaur Badal
While 700 students had faced action on the same ground earlier, now it had come to light that 200 more students had been served deportation orders by the Canadian Border Services Agency (CBSA) after it was revealed that they had been given fake admission letters by an authorised agent -- Education Migration Services in Jalandhar.

Save future of students facing deportation from Canada: Harsimrat Kaur Badal

Need for sustainable environment for future generations: Punjab CM

Need for sustainable environment for future generations: Punjab CM
Chairing a state-level function to mark World Environment Day, he expressed concern over the depleting ground water table and polluting environment in the state. He said immediate remedial steps are required to save the only precious and scarce natural resource of Punjab in terms of water along with checking the environmental pollution.

Need for sustainable environment for future generations: Punjab CM

Signs of 'deliberate interference' in electronic interlocking system led to CBI probe recommendation

Signs of 'deliberate interference' in electronic interlocking system led to CBI probe recommendation
Railway Minister Ashwini Vaishnaw had on Sunday said that the Railway Board has recommended a Central Bureau of Investigation (CBI) probe into Friday's horrifying accident which left 275 people dead and over 800 injured. He also said that the accident happened due to a change in electronic interlocking.

Signs of 'deliberate interference' in electronic interlocking system led to CBI probe recommendation

Seven more Punjabi women rescued from Oman

Seven more Punjabi women rescued from Oman
The total number of rescued women in two weeks rose to 24 under the initiative Mission Hope run by Punjab AAP Rajya Sabha member, Vikram Sahney. Sahney informed that the women who came on Saturday are from Jalandhar, Shahkot, Phillaur, Jagraon, Patti, Tarn Taran, Nakodar and Bathinda.

Seven more Punjabi women rescued from Oman