Chargesheet filed in HAL case only for namesake: CBI court
BENGALURU: It appears that based only on the departmental inquiry report, an investigation officer (IO) filed the final chargesheet without conducting his own proper investigation. The IO neither opted to collect the required available documents nor examined and recorded statements of material witnesses.
Also, the chargesheet was filed without a proper investigation to unearth the truth, observed the Special Court for CBI Cases, acquitting S Velmurugan, then Deputy General Manager, HR Rotary Wing Research and Design Centre (RWRDC), Hindustan Aeronautics Ltd (HAL) and one Binish Thomas, who were chargesheeted by the CBI in a corruption case.
It was alleged that Velmurugan, between 2015 and 2018, abused his official position and unauthorisedly promised KC Samuel, chairman of Evehans Academy to lease HAL land of 6.5 acres at Doddanekkundi, opposite ISRO complex, in favour of the Academy, which was looking for land to set up a training institute in aerospace and other engineering courses. He allegedly did it without the approval of competent authorities. He also allegedly made Samuel pay him and Binish Rs 1.30 crore as 'due deposit' for leasing the land by committing the offence under provisions of IPC and Section 13(1)(d) of the Prevention of Corruption Act. HAL filed the complaint with the CBI, Bengaluru on August 17, 2020.
Shridhar Gopalakrishna Bhat, Principal Special Judge for CBI cases, said the prosecution failed to prove with convincing, cogent and acceptable evidence the fraudulent and dishonest inducement of Samuel. It is clear that the IO has not conducted the investigation as required. Viewed from any angle, it cannot be said the prosecution has proved the ingredients of the offence of cheating against the accused beyond reasonable doubt, the judge added.
The departmental inquiry was held against Velmurugan for the abuse of official position and misusing the letterhead of RWRDC, HAL, for leasing the HAL property. The inquiry proved charges against him and he was demoted to the Senior Manager Grade from Deputy Manager Grade VII. The accused, however, told the court that it was challenged before the high court.
The court observed that in the departmental enquiry, the standard of proof is only preponderance of probability and whereas, in the criminal prosecution, it is beyond reasonable doubt. Therefore, in criminal prosecution, the prosecution has to prove the case against the accused persons beyond all reasonable doubt. But the prosecution failed to prove the payment of Rs 1.30 crore against accused No. 1 and 2, the court said.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
26 minutes ago
- Time of India
2 Nepalese among 4 held for cyber fraud
1 2 Jaipur: Four men, including two Nepalese nationals and two Delhi residents, were arrested from a city hotel for their involvement in a cyber fraud operation with links to Chinese cybercriminals. The gang is believed to have facilitated fraudulent transactions worth Rs 24.4 crore, with complaints registered on the national cybercrime reporting portal from several states, including Andhra Pradesh, Uttar Pradesh, Kerala, Karnataka, Tamil Nadu, and Telangana. Police identified the accused as Lal Dorge Tamang and Suaj Tamang from Nepal, and Pawan Jain and Abbu Shahma from Delhi. The arrests were made following an FIR lodged earlier in 2025. Twelve mobile phones, one laptop, and three cheque books were recovered from the suspects during the operation. According to DCP (Crime) Kundan Kanwaria, the racket was led by Lal Dorge Tamang, a resident of Sindhupalchowk in Nepal. He created a well-organised network that supported Chinese cybercriminals by supplying them with mule bank accounts. These accounts were used to route illicit funds, and the accused managed them through social media platforms and encrypted messaging apps like Telegram. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với mức chênh lệch giá thấp nhất IC Markets Đăng ký Undo The gang's modus operandi involved renting bank accounts from individuals in exchange for a commission. The account holders were instructed to install a suspicious APK file on their phones. Once installed, the app gave Chinese handlers remote access to the devices, allowing them to control the bank accounts and conduct transactions from afar. The commissions were paid in USDT, a cryptocurrency commonly used in illegal online operations. The suspects earned between 2 to 5 percent per transaction, with Lal Dorge receiving 4 to 5 percent from the Chinese operators. He, in turn, passed on 2 to 2.5 percent to the mule account holders. Police received a tip-off about suspicious individuals staying at Hotel Sanjay Palace near Polo Victory in Jaipur. Upon investigation, they found that these individuals were involved in procuring and renting out bank accounts to cybercriminal groups based in China. The investigation also revealed that Pawan Jain, a resident of Rohini North in Delhi, was in regular contact with a woman named Sushma, believed to be the mastermind behind the gang. Sushma, currently based in Dubai, served as the key link between the Chinese groups and their Indian and Nepalese associates.
Time of India
27 minutes ago
- Time of India
Insurer must cover compensation for accident involving relief vehicle, rules Karnataka high court
Bengaluru: Karnataka high court has ruled that the insurance company must cover compensation for an accident involving a relief or spare vehicle used following the breakdown of a scheduled bus. The court stated that such use doesn't constitute a fundamental breach of permit conditions exempting the insurer from liability. The court's decision came after it allowed appeals filed by two victims and the bus owner in connection with an accident that occurred on Jan 21, 2014. At approximately 11.45am, Ganesh and Basavaraj were travelling on a motorcycle from Mudur to Haveri. Near the sugar factory in Sangur village, a high-speed private bus collided with the motorcycle, causing both riders to fall and sustain grievous injuries. The duo subsequently filed petitions seeking compensation. On Jan 24, 2017, the motor accident claims tribunal in Haveri awarded compensation, placing liability on the bus owner, KM Altaf Hussain, on the grounds that the bus had deviated from its permitted route, violating permit conditions. Ganesh received Rs 3,71,030, and Basavaraj was awarded Rs 1,27,250. The claimants appealed for increased compensation, while Altaf appealed, arguing that the insurance company should settle the compensation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Skype Phone Alternative Undo He contended that although the bus had a permit only from Shivamogga to Hangal, it travelled beyond Hangal to Haveri and was being used as a relief vehicle when the accident occurred. Justice Hanchate Sanjeevkumar, after reviewing the materials on record, noted that the vehicle was employed as a relief vehicle under compelling circumstances, which did not amount to a fundamental breach of conditions. He determined that the tribunal had erred by not exempting the case as per Rule 57 of the Karnataka Motor Vehicles Rules 1989, given the route deviation was under compelling circumstances. Allowing the claimants' appeals, the judge also increased the compensation payable to Ganesh to Rs 7,15,550, considering the severity of his injuries. It awarded Basavaraj Rs 2,24,810. The compensation must be paid by United Insurance Company Limited, the insurer of the vehicle.
Indian Express
39 minutes ago
- Indian Express
CBI raids in Bihar, Jharkhand in Rs 100 crore GST fraud; customs officers in the dock
The CBI on Saturday searched seven locations in Bihar and Jharkhand in connection with a `100-crore scam, allegedly executed by claiming GST through bogus export bills. Five customs officers, including the additional commissioner GST, Patna, have been named in the fraud, officials said. The CBI conducted searches at two locations in Patna, two in Purnea, and one each in Jamshedpur, Nalanda, and Munger, finding seven bars of gold, each weighing 100 grams, they said. The scam was unearthed when an abnormal increase in exports of tiles and automobile parts to Nepal was noticed in Land Customs Stations (LCS) in Jaynagar, Bhimnagar and Bhittamore during 2022-23, officials said. According to the CBI FIR, around 30 exporters have been named in it, having been accused of showing fake export of tiles and automobile spare parts from the three LCS to get tax refund from the GST office. It is alleged that four customs superintendents — Neeraj Kumar and Manmohan Sharma in Jayanagar, and Tarun Kumar Sinha and Rajeev Ranjan Sinha in Bhimnagar — colluded with Additional Commissioner Ranvijay Kumar to extract tax refunds against fake export claims, in return for bribes. All officials, along with 30 suspected exporters, and a Kolkata-based clearing agent, Ganga Singh, have been named in the FIR as accused. The agency has alleged that fake export bills were created for amounts less than `10 lakh, which is the highest amount that a customs superintendent is allowed to clear. The CBI FIR alleged that, in all, fake exports to the tune of `800 crore were shown by these superintendents with goods carrying GST duties of 28% and 18%, two of the higher GST slabs, which enabled them to claim refunds of around `100 crore. The investigation also showed that the firms were not functioning from their registered address. The abnormal increase in exports was allegedly ignored by Ranvijay Kumar, who gave 'oral instructions' to the superintendents to process Let Export Order (LEO) in respect of shipping bills. Besides this, he allegedly used to pass the details of fake exports to be processed at these LCS either directly or through Ganga Singh, the CBI said.
