New Delhi: Delhi court has freed a man, who landed from Bangkok with counterfeit note worth six lakh while noting that CBI has itself given clean chit to the other accused. In this circumstance, this court is bound to free the arrested accused.
Accused Kulwant Rai had boarded the flight from Bangkok to New Delhi was arrested by the Customs department at IGI airport in September 2012. Counterfeit notes worth six lakh in the denomination of Rs 500 and 1,000 rupees were recovered from him.
On the complaint of Sandeep Kumar Rawal, then Deputy Commissioner of Customs Department, CBI registered the case and filed the charge sheet in Patiala house court. The court, while raising serious doubt on the investigation conducted by the CBI, said probe agency made Kulwant Rai an accused in the case but excluded one Kuldeep Singh from the list of accused, with whom the arrested accused had procured the counterfeit notes.
“CBI claims that no case could be made out against Kuldeep Singh with the evidence collected during the investigation. The said Kuldeep Singh was also in fact kept in column no.12 of the charge sheet as the person not charge-sheeted. Its seems that CBI after an investigation has itself given clean chit to said Kuldeep Singh and in the said circumstances also, the accused Kulwant Rai can not be convicted solely on the basis of his statement”, Additional session Amit Bansal said.
The court said CBI neither trace the Kuldeep Singh nor could locate the person to whom this money was to be delivered. The entire tale of the said nexus is out of the reach of the agency. Moreover, the record shows that one mobile phone NOKIA C300 with SIM no. 07355444713 was recovered from the arrested accused. Neither CBI nor the Customs Officials proved any call detail records of the said phone. It is still unclear as to whom the said mobile belonged. The entire recovery, seizure proceedings etc as done by the customs department from the accused have already been held to be doubtful, the court said.
This raises serious infirmities in the investigation, the court acquitted the Kulwant Singh from the charge of the Customs act and Section 489 B of the Indian penal code.