The CBI has opposed the bail plea of IPS officer Deepak Gahlawat in a bribery case linked to a fake medicine racket. The agency fears he could influence witnesses. The Rouse Avenue court will hear the matter on July 23.
The Central Bureau of Investigation (CBI) filed a reply in Rouse Avenue court opposing the bail plea of IPS Deepak Gahlawat. It is stated that the accused can influence the witnesses if on bail. He has been arrested in a fake medicine racket bribery case. He is in judicial custody after CBI interrogation. He was posted with Civil Aviation on deputation at the time of his arrest.
Special Judge Sushant Changotra granted time to the defence counsel to study the reply filed by the CBI and for arguments. The court will arguements on bail on July 23.
Senior advocate Manu Sharma alongwith Arjun Kakkar and Anurag Nasiar, appeared for Deepak Gahlawat.
CBI’s Arguments Against Bail
The CBI has stated that there are multiple transactions in the bank accounts of Deepak Gahlawat and other related persons. It is also stated that he can influence the witnesses if enlarged on bail.
Details of the Bribery Allegation
It is alleged that Deepak Gahlawat demanded Rs 3 crore for using his influence to secure favourable results in the investigation linked with accused N Raja and Raj Kumar in the fake medicine racket case being investigated by the CBI. A bail application has been filed through Advocate Anurag Nasiar. He is a 2012 batch Haryana Cadre IPS officer, promoted to the rank of DIG.
Background of the Arrest
The Rouse Avenue court on July 1 had granted one-day custody of IPS Deepak Gahlawat (DIG) to the CBI. The court had declined his further custody on July 2. He has been arrested by the CBI in a Corruption case linked with the alleged demand of bribes for securing favourable results for the accused in a fake medicine racket case being investigated by the CBI.
It is alleged that Deepak Gahlawat demanded Rs 3 crore for using his influence to secure favourable results in the investigation linked with accused N Raja and Raj Kumar in the Fake medicine racket case being investigated by the CBI.
Court’s Scrutiny of Investigation
The court had granted only one day’s custody of Deepak Gahlawat to the CBI for interrogation regarding the names of the CBI officers who were allegedly influenced by him. The CBI had sought his 5-day custody remand to know the names of public servants who were to be influenced by Deepika Gahlawat. However, during the hearing, the court had reprimanded the Investigation officer over the manner in which the investigation was being conducted and for not asking the names of officers posted in CBI who were to be influenced by Deepak Gahlawat.
The court had asked the CBI to name the accused who was in custody since 9 PM on June 30 and had joined the investigation earlier, then why did not the names of those CBI officer were asked by the CBI?
While seeking the 5 days’ custody of Deepak Gahlawat, the CBI had submitted that a meeting held on May 14 was attended by Inspector Pradeep Singh, N Raja, RajKumar and Prabhat Kapoor. During the meeting, the accused Deepak Gahlawat demanded Rs. 3 crores for using his influence, as he has some of his batchmates in the CBI, the CBI said. The CBI had further said that he demanded Rs. 1.5 crores in advance out of Rs. 3 crores.
The CBI also had submitted that Rs one crore had been recovered from Prabhat Kapoor. The CBI had said that Gahlawat’s police custody was required to confront him with the evidence collected during the investigation and unearth the larger Conspiracy. There are transactions in the bank account of the accused, including the transaction of Rs. 50000 through UPI from Prabhat Kapoor. It was also submitted by the CBI that the accused had asked Prabhat Kapoor to delete the chat, destroy the SIM, and uninstall one app from the mobile phone. Kapoor was arrested on June 16.
After hearing the submissions, the court granted one day’s custody on July 1. “I find force in the submissions of the public prosecutors for the CBI. The conduct of the investigation officer (IO) in this respect and the responses given by him today and as recorded in the order sheet are totally unfathomable. However, as the case may be, it is the settled proposition of law that the investigating agency must be given the best possible opportunity for fair investigation,” the Special Judge said on July 1. Special judge had said, ” In my considered opinion, the accused Deepak Gahlawat is required to be remanded to police custody for further investigation, but only for a period of one day. Accordingly, the application is disposed off.”
While hearing the remand application, the court noted that the case of the prosecution is that accused Deepak Gahlawat had made a demand of bribe for using his personal influence over a public servant who was posted in the CBI. The court noted, ” The answer to queries posed to the IO today makes it apparent that till date no effort has been made in the investigation to investigate as to whether any public servant who was posted in CBI was ever approached by accused Deepak Gahlawat or he had made any attempt to exercise his personal influence over such public servant.”
“In fact, the IO has made no endeavour to ascertain as to whether any such public servant actually existed or about the identity of such public servant, if he/she existed,” the court had pointed out. (ANI)
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