Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 675

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Raj Mohan Singh, J.
Bharat Bhushan & Ors. – Appellants
Versus
State Of Punjab - Respondent
CRM-M No. 42290 of 2022(O&M) with CRM-M No. 41913 of 2022(O&M) with CRM-M No. 41915 of 2022(O&M) with CRM-M No. 45678 of 2022(O&M) with CRM-M No. 46641 of 2022(O&M)
Decided On : 17-10-2022

Advocates:
Mr. Bipan Ghai, Sr. Advocate with Mr. Nikhil Ghai, Advocate, Mr. Tushar Rawal, Advocate, Mr. Rishabh Singh, Advocate, Mr. P.S. Bindra, Advocate and Mr. Siddharth Arora, Advocate for the petitioner in CRM-M No.42290 of 2022. Mr. Chetan Mittal, Sr. Advocate with Mr. Nitin Bansal, Advocate, Mr. Kunal Mulwani, Advocate and Mr. Vikas Thakur, Advocate for the petitioner in CRM-M Nos.41913 and 41915 of 2022. Mr. APS Deol, Sr. Advocate with Mr. Vishal Rattan, Advocate for the petitioner in CRM-M No.45678 of 2022. Mr. S.K. Garg Narwana, Advocate with Mr. Vishal Garg Narwana, Advocate and Mr. Japjit Singh Johal, Advocate for the petitioner in CRM-M No.46641 of 2022., for the Appellant; Mr. Randeep Singh Rai, Sr. Advocate with Mr. Prashant Manchanda, Advocate, Mr. Ferry Sofat, Addl., A.G., Punjab and Mr. Gaurav Garg Dhuriwala, Addl. A.G., Punjab. Mr. Abhinav Gupta, Advocate, Mr. Akash Yadav, Advocate and Mr. Rajkaran Singh, Advocate for the complainant. Mr. P.S. Ahluwalia, Advocate for the victim., for the Respondent

The seriousness of economic offences and the need for custodial interrogation to effectively investigate the case.

Headnote:
Corruption - Prevention of Corruption Act - Sections 420, 409, 467, 468, 471, 120-B IPC and Sections 7, 8, 12, 13(2) of the Prevention of Corruption Act - Summary: The judgment pertains to cases involving allegations of corruption and economic offences under various sections of the IPC and the Prevention of Corruption Act. The court declined the grant of regular bail and anticipatory bail, emphasizing the seriousness of economic offences and the need for custodial interrogation to effectively investigate the case.
Fact of the Case:

The cases arose from the same FIR related to corruption and economic offences under various sections of the IPC and the Prevention of Corruption Act. The allegations involved manipulation in the tender process, misappropriation of material, and bribery.
Finding of the Court:

The court found that the economic offences were serious and required custodial interrogation for effective investigation. It emphasized the need to avoid detailed discussions on the material to prevent prejudice to either party.
Issues: The main issue was the seriousness of economic offences and the need for custodial interrogation to effectively investigate the case.
Ratio Decidendi: The court held that economic offences require a different approach and that the grant of bail, whether regular or anticipatory, should be sparingly exercised. It emphasized the need for custodial interrogation to prevent the frustration of the investigating agency.
Final Decision: The court dismissed the plea for regular bail and anticipatory bail, highlighting the seriousness of economic offences and the need for custodial interrogation.

JUDGMENT

Raj Mohan Singh, J. - Vide this common order, CRM-M No.42290 of 2022 titled Bharat Bhushan Vs. State of Punjab, CRM-M No.41913 of 2022 titled Sandeep Bhatia Vs. State of Punjab, CRM-M No.41915 of 2022 titled Jagroop Singh Vs. State of Punjab, CRM-M No.45678 of 2022 titled Surinder Kumar Vs. State of Punjab and CRM-M No.46641 of 2022 titled Anil Jain Vs. State of Punjab are being decided. Since all the cases have arisen from the same FIR, therefore, the facts are being culled out from CRM-M No.42290 of 2022.

2. In CRM-M No.42290 of 2022, petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.11 dated 16.08.2022 registered under Sections 420, 409, 467, 468, 471, 120-B IPC and Sections 7, 8, 12, 13(2) of the Prevention of Corruption Act at Police Station Vigilance Bureau, District Ludhiana.

3. In CRM-M No.41913, 41915, 45678 and 46641 of 2022, the petitioners therein seek grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.11 dated 16.08.2022 registered under Sections 420, 409, 467, 468, 471, 120-B IPC and Sections 7,8, 12, 13(2) of the Prevention of Corruption Act at Police Station Vigilance Bureau, District Ludhiana.

4. FIR has been registered on the complaint of one Gurpreet Singh. Complaint No.72/2022 was registered vide diary No.1752 dated 16.08.2022 and was sent by the police to the Vigilance Bureau, Ludhiana Range, Ludhiana for registration of the case against Sh. Surinder Kumar Beri, DFSC, Ludhiana (West), Sh. M.P Singh, Manager, Warehouse Ludhiana, Sh. Munish Narula, Deputy Director, Patiala, Sh. Bharat Bhushan Ashu, Former Minister, Punjab, Telu Ram and others. During investigation, it was found that in the year 2020-21, Food and Supply Department, Punjab had issued certain transportation and labour cartage policies after getting approval from the Punjab Government for transportation and labour cartage work of wheat/paddy/stock articles and an advertisement was given in the newspaper by the Department of Food Civil Supplies and Consumer Affairs for inviting bids for the tenders. For the purpose of allotting tenders, District Tender Committee was constituted. The Chairman of the Committee was to be District Commissioner of concerned District or any other officer appointed by the Deputy Commissioner not less than the rank of Deputy Director, Department of Food Civil Supplies and Consumer Affairs and District Managers of all purchase agencies were to be its members. The District committee was consisted of members Sh. Sukhwinder Singh Gill, District Controller, Department of Food Civil Supplies and Consumer Affairs, Ludhiana (West), Smt. Harvin Kaur, District Controller, Department of Food Civil Supplies and Consumer Affairs, Ludhiana (East), Sh. Hardeep Singh Chahal, District Manager, Ludhiana Markfed, Ludhiana, Sh. Jagdeep Singh Dhillon, District Manager, PUNSUP, Ludhiana, Sh. Mahinderpal Singh, District Manager, Warehouse, Ludhiana and Sh. Gangetwar Ghoshali, District Manager, FCI Ludhiana.

5. The aforesaid committee had conducted the tenders of east/west clusters. As per Clause (6) of the Transportation Policy and Clause (7) of the Labour Cartage Policy, the tenders were invited for clusters so that the activities of wheat and paddy crops at the time of rabi and kharif season can go on smoothly. The Department had called for the tenders in the form of e-tenders on its website. There were defined qualifications and requirements as per policy 2020-21 like the one that the applicant should be the citizen of India aged above 18 years. If the tender is to be filled by a society or company or proprietorship or firm or worker management committee, then it should be a registered one and the applicant has to give an undertaking that the applicant is not a bankrupt and has not been blacklisted by any Government Department or the applicant has not been convicted in any case f