* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: September 10, 2024 + W.P.(CRL) 3270/2023, CRL.M.A. Nos. 30436/2023 & 9560/2024 LAMBODAR PRASAD PADHY ..... Petitioner Through: Mr. N. Hariharan, Sr. Advocate with Mr. Saurabh Rajpal, Mr. Siddhant Singh, Mr. Vinay Kumar Singh, Mr. Sharian Mukherjee, Ms. Rekha Angara and Mr. Aman Akhtar, Advocates.

versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Mr. Anupam S. Sharma, SPP with Mr.

Prakarsh Airan, Ms. Harpreet Kalsi, Mr. Abhishek Batra, Mr. Ripudaman Sharma, Mr. Vashisht Rao and Mr.

Syamantak Modgill, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA % J U D G M E N T ANOOP KUMAR MENDIRATTA, J.

1. Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for quashing of FIR/RC No.2172022A0002, under Section 120B read with Section 477A IPC & Section 13(2) read with Section 13(1)(b) of The Prevention of Corruption Act, 1988 (hereinafter, referred to as the ‘PC Act’) registered at CBI/AC-II, New Delhi and proceedings emanating therefrom, qua the petitioner.

BRIEF FACTS

2. In brief, RC No.2172022A0002 was registered by CBI/AC-II, New Delhi on 29.03.2022 under Section 120B read with Section 477A IPC & Section 13(2) read with Section 13(1)(b) PC Act on the basis of findings of Preliminary Enquiry No.PE2172018A0002-CBI/ACU-V/AC-II/New Delhi (hereinafter, referred to as the ‘PE’) on written complaint dated 28.03.2022 of Shri Vipin Kumar Gupta, Sub-Inspector, CBI, AC-II/New Delhi. The said PE was registered on 29.11.2018 to investigate the irregularities in various road projects awarded to M/s Isolux Corsan India Engineering and Construction Pvt. Ltd. by National Highways Authority of India (NHAI).

3. As per the findings in Preliminary Enquiry (PE), during the period 2008-2017, projects Surat-Hazira Port Section of NH-06, Kishangarh-Ajmer- Beawar Section of NH-08 and Varansai-Aurangabad Section of NH-02 were awarded by NHAI to the Consortium of M/s Isolux Corsan India Engineering and Construction Pvt. Ltd. and M/s Soma Enterprises. Accordingly, Special Purpose Vehicles viz. M/s Soma Isolux Surat- Hazira Tollway Pvt. Ltd., M/s Soma Isolux Varansasi-Aurangabad Tollway Pvt. Ltd. and M/s Soma Isolux Kishangarh-Beawar Tollway Pvt. Ltd. were formed for execution of these three projects. The specific allegations against the petitioner pertain to the project of Kishangarh-Ajmer-Beawar Section of NH-08.

4. As per respondent (CBI), during execution of Kishangarh-Ajmer- Beawar Section of NH-08 project, Shri D.P. Soni, the then Project Director, Shri Anil Kumar Jain, the then Manager (Technical), both in Kishangarh- Ajmer-Beawar Section of NH-08 project and Shri L.P. Padhy, GM, DK-II, NHAI (petitioner herein) entered in criminal conspiracy with M/s Isolux Corsan India Engineering and Construction Pvt Ltd., M/s New Construction Co. & M/s. Goyal Construction Co. Jaipur, Shri Guillermo Garcia Moliz, the then CFO, M/s ICIECPL, Shri Jose Luis Murillo Esteban, the then CGM (Construction), M/s ICIECPL, Shri Gustavo Munoz Lopez, the then Head- Administration, M/s ICIECPL, Shri Javier Hidalgo, the then Dy. Project Manager, Ajmer, M/s ICIECPL. In furtherance of said criminal conspiracy, Shri D.P. Soni (then Project Director), Shri Anil Kumar Jain, then Manager Technical, both in Kishangarh-Ajmer-Beaver Section of NH-08 project, Shri L.P. Padhy, GM DK-II, NHAI are alleged to have habitually accepted monthly cash amount in different denominations (l lac-2 lacs) from M/s Isolux Corsan India Engineering and Construction Pvt. Ltd. during execution of the said project for its smooth functioning.

5. It is further the case of the prosecution that the enquiry was initiated on the basis of hard disk seized from co-accused Guillermo Garcia Moliz, the then CFO, M/s Isolux Corsa India Engineering & Construction Pvt. Ltd. by Income Tax Department during survey under Section 133A