Close X
Thursday, November 14, 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

50 dead and over 200 injured in Odisha train tragedy

50 dead and over 200 injured in Odisha train tragedy
One of the major challenges before the authorities is now to provide medical care to the injured persons. As per reports, over 200 persons have been seriously injured in the mishap. A 100-bed hospital and a dedicated ambulance corridor have been made ready at the SCB Medical College and Hospital. 

50 dead and over 200 injured in Odisha train tragedy

Five sent to jail for cheating Indian Bank of Rs 4.19 crore

Five sent to jail for cheating Indian Bank of Rs 4.19 crore
The court sentenced P. Senthilkumar, the then CEO-cum-Chairman of Palpap Ichinichi Software International Ltd, Chennai, to five years rigorous imprisonment while T.R. Dhanasekar and R. Karunanidhi, both then Directors of SJS Network and Services Ltd, Chennai, were sentenced to three years rigorous imprisonment. 

Five sent to jail for cheating Indian Bank of Rs 4.19 crore

Sisodia only to be produced via video conferencing, says Delhi court

Sisodia only to be produced via video conferencing, says Delhi court
During Thursday's hearing as well, the AAP leader was produced before the Rouse Avenue Court through video conferencing after the Delhi Police's request.  This was however, opposed by Sisodia and his counsel.

Sisodia only to be produced via video conferencing, says Delhi court

Sukhbir Badal advises Rahul to avoid speaking on religious subjects

Sukhbir Badal advises Rahul to avoid speaking on religious subjects
Shiromani Akali Dal (SAD) president Sukhbir Badal on Thursday advised Congress leader Rahul Gandhi to avoid speaking on religious subjects of which he has neither the knowledge nor understanding. 

Sukhbir Badal advises Rahul to avoid speaking on religious subjects

Crime Branch gets 10-day custody of Lawrence Bishnoi

Crime Branch gets 10-day custody of Lawrence Bishnoi
A court here on Thursday sent top gangster Lawrence Bishnoi to 10 days custody of the Delhi Police's Crime Branch.  The Crime Branch produced Bishnoi before the Saket court and sought his custodial remand.

Crime Branch gets 10-day custody of Lawrence Bishnoi

SAD alleges jail inmate appointed market committee chief in Punjab

SAD alleges jail inmate appointed market committee chief in Punjab
Expressing shock that four Aam Aadmi Party (AAP) functionaries had been appointed Chairmen of Improvement Trusts, which had been dissolved by the government, SAD leader Bikram Singh Majithia said "the AAP government has achieved the dubious distinction of touching new lows day after day."

SAD alleges jail inmate appointed market committee chief in Punjab