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TMI Blog2010 (8) TMI 1124X X X X Extracts X X X X X X X X Extracts X X X X ..... ted, will lead to exact and accurate charge-sheet in the offences. Innocent persons should not need to worry about accurate investigation. Ultimately, such an investigation is nothing but a good help to the Court conducting the trial. If proper investigation is carried out by well-equipped and unbiased investigating officers it will lead to precise and speedy trial. The type of allegations and the persons alleged to be involved make it necessary in the larger public interest that investigation is done by the CBI. Investigation by CBI is not a punishment. Therefore, the hue and cry made by the private Respondents is uncalled for and unwarranted at this stage. An attempt has been made on the part of some of the Respondents to give their defence in the form of counter affidavits. Firstly, this defence might have been capable of being examined if the investigation as well as the evidence at the trial was complete. At this stage, it cannot be said with certainty what other material will be uncovered during investigation. It also cannot be said with certainty as to which of the accused will turn approver thereby corroborating the other material collected during investigation and, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts of each of the cases, to the Central Bureau of Investigation. 4. The allegations as reported in the newspapers and also mentioned in the writ petition are of earning of unprecedented amount of illicit money by some of the Respondents by abuse of their official positions, which amounts to offence under various provisions of the Indian Penal Code as also under the Prevention of Corruption Act. Some other private Respondents are alleged to have assisted in investment of the money, alleged to have been so acquired by illicit means. 5. Some matters have been under investigation by the Enforcement Directorate under the Prevention of Money Laundering Act, 2002 (hereinafter referred as the PML Act). Some matters are being investigated by the State Investigating Agency, namely, the Vigilance Department of the State of Jharkhand. The Income Tax Department is also examining the matter for its own purposes. 6. Acquiring of money by misuse of official position, being an offence under the various provisions of the Indian Penal Code and under the Prevention of Corruption Act, is to be normally investigated by the State Investigating Agencies. However, if the acquisition of such pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re is no clear allegation so far about its laundering in the sense mentioned above. But there is an allegation of its investment in property, shares etc., not only in India but also abroad. 11. Therefore, the basic investigation requires to determine whether money has been acquired by abuse of official position amounting to an offence under the Prevention of Corruption Act and under the Indian Penal Code, the persons by whom this has been done, the amount of money which has been so earned and places where it has been invested. 12. The amount is alleged to run into several hundred Crores. The investigations done so far allege that the amount unearthed so far in one case is about one and half Crore and in other case is about six and half Crores, which would appear to be merely the tip of iceberg. The investments having been made not only in various States of this country outside the State of Jharkhand but also in other countries means that the investigation called for is not only multi-State but also multi-National. 13. The matter on the face of it requires a systematic, scientific and analyzed investigation by the expert hand like CBI. A list of some companies involved has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re few hundred crores of rupees have been invested by the accused. These Companies are: (i) Suryam Gems Jewellery, Dubai (UAE) (ii) KGM Gems, Jewellery, Dubai (UAE) (iii) Balaji Holdings (iv) Blue Star Holding, UAE 16. Likewise, it has been argued that there are several Companies in other countries in which there are huge investments by the accused or with the help of accomplices in foreign countries. The lists of countries and companies given above would indicate, prima facie, that the amount involved could not be a mere few crores, but would be nearer a few hundred crores. Since what is alleged to have been uncovered so far is merely a few crores, would make it appear that the investigation so far has been prima facie inadequate. Investigation is therefore required by an agency having the expertise and experience of the nature necessary, without being influenced by the high positions of the Ex. Chief Minister and his other colleague Ministers in the previous Cabinet of the State of Jharkhand. 17. The Investigating Agency of the State has neither the expertise nor the experience of this kind of investigation, as compared to the Central Bureau of Investigation. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ral for the State of Jharkhand for the best part of the day today. The kind of resistance that is being offered to a probe by CBI, relying upon the existing investigation which, as pointed out above, has not been able to uncover anything below the tip of iceberg, further re-enforces the impression that the probe by the independent agency like CBI is likely to uncover much more. No other explanation has been offered from the side of the Respondents for the resistance to the transfer of investigation to the CBI. 23. Normally the accused or probable accused have no right to be heard while ordering an investigation eg. under Section 156(3) of the Code of Criminal Procedure. Moreover, no accused can claim to have a vested right in respect of the agency, which will investigate the matter, where the investigation is within the competence of the said agency. The interest or apprehension of the accused can be only with regard to the arrest during the pendency of the investigation. It has been argued from the side of some of the Respondents, who are already in jail, that because of the pendency of this PIL and because of the orders passed herein, the consideration of their prayers for bai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ima facie agree that mere media reports may not be sufficient for ordering investigation or transfer of investigation, but in the present case, we find that the media reports stand corroborated, at least in part, by the investigation done so far which has been referred above. Moreover as stated above, the investigation done so far does not appear to have uncovered the kind of wealth which would have been necessary for making so much foreign investment. What has been disclosed in the investigation done so far persuades us to get a more comprehensive and thorough investigation done into the matter by the independent agency like CBI. 29. An attempt has been made on the part of some of the Respondents to give their defence in the form of counter affidavits. Firstly, this defence might have been capable of being examined if the investigation as well as the evidence at the trial was complete. At this stage, it cannot be said with certainty what other material will be uncovered during investigation. It also cannot be said with certainty as to which of the accused will turn approver thereby corroborating the other material collected during investigation and, therefore, the defence canno ..... X X X X Extracts X X X X X X X X Extracts X X X X
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