Wednesday, May 11, 2005
Wednesday, May 11, 2005 |
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Our Staff Reporter
NEW DELHI: The Delhi High Court on Tuesday dismissed a revision petition challenging the exoneration of the then Chief Commissioner of Central Excise, Delhi Zone, Someshwar Mishra, and the Chief Executive Officer (CEO) of the Noida-based Flex Industries, Ashok Chaturvedi, in the infamous case of collusion between Mishra and Chaturvedi for evasion of excise duty in 2001. A Special Court for CBI cases had on May 28, 2001, discharged the two saying that "this is a unique case in which neither there is evidence of demand of bribe nor of its acceptance, and despite screening the record of 34 years of service of Mishra, the prosecution could not lay its hands on any document which could reflect that at any point of his career he had shown any official favour to Chaturvedi or that the amount sent by Chaturvedi was a reward for the same''. Upholding the trial court judgment by the Special Judge for CBI cases, Pratibha Rani, Justice H.R. Malhotra said there was no impropriety or infirmity in the lower court judgment. "The circumstances do indicate that a conspiracy was hatched against Mishra by some vested interests in order to ruin his future prospects,'' Ms. Rani had observed, adding that "this is a case based on no evidence against the accused persons''. The CBI had also failed to chargesheet the two within the mandatory period of 60 days for filing a chargesheet in certain criminal cases, and had thereby allowed them to get bail. The two had been arrested by the investigating agency on November 7, 2001, following the recovery of Rs. 5 lakhs, alleged to be a bribe amount, from the possession of an official present in the office room of Mishra in the Central Revenue (CR) Building here during a raid.
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