Former Delhi Excise Chief, Dr. Anup Kumar Srivastava received a reprieve from Supreme Court, recently.
“There is no material evidence on record in order to bring home a charge of conspiracy against Respondent. There is no direct or circumstantial evidence to prove, Respondent has demanded any illegal gratification and has accepted or obtained any such illegal gratification…
It is made clear, present conclusion is confined only to disposal of this appeal and Trial Court is free to decide on merits with regard to other accused persons.”
CBI for last 6 years has been consistent in its accusation, on 28.12.2011, a team of Officials of Central Excise lead by Lallan Ojha, Superintendent, conducted an illegal raid. Dr. Srivastava through one Hemant Gandhi negotiated for illegal gratification in lieu of not taking any action and finalized a bribe amount of Rs. 60 Lakhs.
Doctor was arrested on 13.01.2012, soon after his anticipatory bail plea was dismissed by Court. He was admitted in AIIMS for treatment in judicial custody. A leap day order by Court of Special Judge, (CBI-01), Patiala House charged him under Section 120-B, IPC and Sections 7, 12 and 13(2) read with Section 13(1)(d), PC Act. High Court quashed this order. Before Supreme Court, CBI, relying upon 96 conversations recorded between 23.12.2011 to 02.01.2012 by Special Unit (SU), especially laid emphasis on Call Number 51. Call Number 51 lasted for 68 seconds and an amount of ‘Six Zero’ was referred.
Call No. 51
| HG | Hello |
| Kapoor | Hello |
| HG | Yes Please |
| PA | A… Sir, Hemant Gandhi Ji is there. |
| HG | Yes, Yes. |
| PA | Sir, Commissioner Sahib will talk. |
| Anoop | Yes, Hemant. |
| HG | Sir, mission is successful |
| Anoop | Yes, will you come to me. |
| HG | Sir, actually I had to take my father to a doctor, I was trying to tell this to you… but, you had disconnected. |
| Anoop | Ok, when will you come home. |
| HG | I will come tomorrow. |
| Anoop | At which time. |
| HG | Tomorrow at about 11-12 noon. |
| Anoop | Ok then come. |
| HG | And Sir, eight and fifteen. |
| Anoop | Yes, Ok. |
| HG | And they said, it was received. |
| Anoop | No, still did not meet |
| HG | A… six |
| Anoop | Chairman had come. |
| HG | Six Zero, is it ok. |
| Anoop | Ok |
| HG | Yes Sir. |
Supreme Court has held, Call Number 51 lacked object and purpose to prove complicity of Dr. Srivastava.
“Call No. 51 was made by Hemant Gandhi to Respondent on 28.12.2011 wherein Hemant Gandhi informed Respondent, ‘mission is successful’… on a careful scrutiny, it cannot be inferred Respondent agreed to demand an illegal gratification and also there was no direct talk between Lallan Ojha and Respondent who was supposed to inform his Senior Officer on whose direction he was leading.
It was Hemant Gandhi who used the words ‘mission successful’. In our opinion, prosecution has wrongly connected the words ‘mission successful’ in Call No. 48 with that of in Call No. 51. In Call No. 48, it is very much clear, Mahender Kapoor and Hemant Gandhi were talking about an alleged raid and Hemant Gandhi himself accepted, he provided information for same. When Respondent was not at all in picture in Call No. 48 how can he be connected in Call No. 51 by showing use of the words ‘mission successful’ and ‘Six Zero’ that too when no members of raiding team informed about same to him.
During alleged conversation in Call No. 51, it has also been noticed, Hemant Gandhi has used three more figures ‘eight’, ‘fifteen’ and ‘six’ which makes the conversation ambiguous and beyond any comprehension and it does not make out any logical understanding of an actual conversation between parties making it. Hence, no adverse inference can be drawn against Respondent herein with regard to same.”
– Hon’ble Justice R.K. Agrawal, CBI v. Dr. Anup Kumar Srivastava [Criminal Appeal No. 1336 of 2017].
The Last Word 