W.P(Crl.) 586/2010 Page 1 of 16

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 20.04.2010

%

Judgment delivered on: 19.05.2010

+

W.P.(CRL) NO.586/2010 & Crl. M.A. Nos.5017-18/2010

SANJEEV KUMAR DANDONA ..... Petitioner

Through:

Mr. Sidharth Luthra, Sr. Advocate

with Mr. J.A. Khan, Advocate

versus

C.B.I.

..... Respondent

Through:

Mr. Vikas Pahwa, Standing Counsel

with Mr. Biswajit Kumar Patra,

Advocate

CORAM:

HON’BLE MR. JUSTICE VIPIN SANGHI

1. Whether the Reporters of local papers may

No

be allowed to see the judgment?

2. To be referred to Reporter or not?

No

3. Whether the judgment should be reported

No

in the Digest?

J U D G M E N T

VIPIN SANGHI, J.

1.

The present writ petition under Article 226/227 of the

Constitution of India has been filed by the petitioner to seek quashing

of the order of charge dated 04.09.2008 and the charge-framing order

dated 17.10.2008 passed by Sh. V.K. Maheshwari, Special Judge, Delhi

2010:DHC:2793

W.P(Crl.) 586/2010 Page 2 of 16

in C.C. No.54/2002 at RC7(A)/2000/DLI/CBI/ACB/ND. The petitioner is

one of the co-accused and is allegedly involved in the issuance of more

than one TSR permit against one old condemned TSR in violation of the

prescribed rules. The background relevant for present case may first

be noted.

2.

The Supreme Court, in writ petition No.13029/1985 (M.C.

Mehta v. Union of India) vide order dated 16.12.1997 had directed that

no fresh permit would be granted in respect of auto rickshaw (TSR),

except by way of replacement of an existing working TSR with a new

one. This was done with a view to reduce pollution levels in Delhi.

Trading in permits was also not allowed by the Supreme Court. As a

result of the aforesaid direction, Secretary (STA) issued a detailed

order dated 02.01.1998 to the concerned officials including Motor

Licensing Officer (AR), Burari prescribing procedures for maintenance

of accounts of cancellation/registration of TSRs, monthly statement of

TSR registrations cancelled or renewed, and format for “Certificate of

Cancellation of Registration”. Consequently, the Motor Licensing

Officer (MLO), Burari issued a detailed order prescribing the procedure

to be adopted for replacement of old TSRs with new ones.

3.

A dealer could sell one TSR against one LOI as issued by the

transport authority. Holder of such LOI had the option of purchasing a

TSR from any authorized dealer. There were three authorized dealers

at that relevant time in Delhi. Dealers had no say in the issuance of

2010:DHC:2793

W.P(Crl.) 586/2010 Page 3 of 16

LOI. Whenever a customer brought with him LOI, all that the dealer

was supposed to do was to receive the amount of TSR and sell the

same by delivering the respective TSR, while retaining a photocopy of

LOI for the sake of his own records. For registration of such TSR with

the transport authority, the purchaser was required to produce the

dealers sale invoice, Form No.20, Form No.21, insurance of the vehicle

and the permit. After scrutinizing and verifying all these documents,

officials of the transport authority [the MLO (AR)] would register the

vehicle.

4.

On certain information received by officials of National

Information Centre (for short NIC), investigation was carried out which

revealed that 1157 auto rickshaws had multiple registration as on

17.06.1999 i.e. it was a case where two or more than two new TSRs

were given permit against one old TSR permit. A vigilance team of the

transport authority headed by their Deputy Director (Vig.) visited the