Published On : Sat, Mar 16th, 2024

Licence scam: HC rejects anticipatory bail to Chief Controller of PESO

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Nagpur: Justice Urmila Joshi-Phalke at the Nagpur Bench of Bombay High Court has rejected the pre-arrest bail application of Purushendra Kumar Dhir Singh, widely known as P Kumar, the Chief Controller of the Petroleum and Explosive Safety Organisation (PESO), observing a prima facie case against Kumar and suggesting his involvement in the licence scam.

The Central Bureau of Investigation (CBI) initiated action by registering a First Information Report (FIR) on January 3, specifically under the Prevention of Corruption Act. The FIR named Ashok Kumar Dalela and Vivek Kumar, both Deputy Chief Controllers of Explosives at PESO; Priyadarshan Dinkar Deshpande, a private individual; and Devi Singh Kachhawaha, Director of M/s Super Shivshakti Chemical Pvt Ltd, Rajasthan; as the accused.

During subsequent searches, substantial amounts of cash were seized totalling Rs 1.25 crore from Deshpande’s residence, Rs 90 lakh from Vivek Kumar’s premises, and Rs 2.50 lakh from Dalela’s home. During the investigation, the CBI unearthed evidence suggesting P Kumar’s role in the ‘license scam’. Although P Kumar was not directly accused, his name emerged in the FIR based on statements provided by co-accused during the inquiry.

Deshpande, acting as an intermediary, conspired with PESO officials, including P Kumar, to expedite the approval of an application submitted by Kachhawaha, allegedly in exchange for bribes. The firm sought to maximise its electronic detonator manufacturing capacity up to 75 percent by March 2024, and the accused PESO officers purportedly facilitated this by expediting the pending work for the company through Kachhawaha.

In the court order, Justice Joshi-Phalke delved into the details of the case, considering the arguments put forth by Kumar’s counsel. Kumar’s counsel highlighted his illustrious career, stressing his educational qualifications and long-standing service within PESO. They also raised concerns about procedural irregularities purportedly committed by the CBI during the investigation.

Special Advocate for CBI, Prashant Kumar Sathianathan informed the court that the CBI had seized Rs 5.86 lakh cash from P Kumar’s house. He also revealed that during the investigation, the applicant attempted to flee away along with his family members, and the tickets were arranged by the co-accused Deshpande. He placed on record the list of passengers and the report of the Investigating Officer showing that payments for the tickets were made by Deshpande.

During the investigation, the Investigating Officer recorded the statement of the co-accused Deshpande, who disclosed P Kumar’s involvement in the license scam. Deshpande further disclosed to the CBI that 70 percent of the bribe amount was to be given to P Kumar, 15 percent to Dalela and Vivek Kumar, respectively, based on work, and the remaining 15 percent to be kept by himself. Thus, it reveals the involvement of P Kumar, and there is a prima facie case. Therefore, custodial interrogation of the present applicant is required, and the application is prayed to be rejected.

The court meticulously examined the evidence and concluded that there was prima facie evidence indicating Kumar’s involvement in the alleged corruption. Despite Kumar’s reputation and procedural concerns raised by his counsel, the court deemed it necessary to deny his application for anticipatory bail.

Adv G M Kubade appeared for the applicant while Special Advocate Prashant Kumar Sathianathan represented the CBI.

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