Dilbag Singh Daleke vs State of Punjab

Harbans Lal, J.—This is a petition for the grant of anticipatory bail of Dilbag Singh Daleke, Ex. Transport Minister, Punjab, u/s 438 of the Criminal Procedure Code the was granted interim bail by Sharma, J. on 27th August, 1977.

First Information Report No. 361 was registered in Police Station Civil Lines, Ludhiana, on 26th August, 1977, against Giani Zail Singh, the former Chief Minister and a number of Ministers including The petitioner who were Ministers in the former Congress Government, u/s 5(2)(1)(e) of the Prevention of Corruption Act and sections- 406, 409 and 477-A of the Indian Penal Code. So far as the petitioner is concerned, the allegations against him in para 2 of the first information report are to the effect that Giani Zail Singh held a meeting at Amritsar with the petitioner in which Government officers and top industrialists participated. This meeting was attended by a number of others. Ministers. It is further stated that the petitioner collected 8 to 10'' lacs of rupees from the transporters. Then there is the general allegation in the following word :�

Similarly few more Ministers through the Government Officials serving under them collected lakhs of rupees and the Ministers of different portfolios misused the Government machinery and sent their subordinate employees from different places to Mataur Sessions for official duty, when their services were no longer needed nor could they be utilised for that purpose, because this was a private business of the Congress Party alone. By doing so they put heavy burden on the Government budget. In this way Government machinery and motors were used for the above purpose.

When enquired if during investigation any statement of any industrialist, transporter or Government employee referred to in the first information report had been recorded which may throw light on the part alleged against the petitioner. Mr Sayal, learned Assistant Advocate General, frankly conceded that no such statement had been recorded However, it was stated that on 28th, August, 1977 the record of the Punjab Provincial Congress Committee was taken into possession for the purpose of investigation in the said case. From the said record if has been revealed that the petitioner deposited Rs. 11,000/- with the office of the Provincial Congress Committee on 24th August, 1975, Rs. 15,000/- on 5th January, 1976 and Rs. 4000/- on 16th January, 1976. Cut of these amounts, according to the entries in the record of the Provincial Congress Committee, Rs. 11,000/- were deposited which were received by the petitioner as a purse presented by the Truck Union, Ludhiana, and Rs. 15,000/- as a purse presented by the truck operators, Amritsar, and Rs. 4,000/- as a donation from the truck operators of Sangrur. As no statements, what sever of any person have been recorded by the investigating agency in this case it cannot be said if the amounts above referred to, alleged to have been deposited by the petitioner in the account of the Provincial Congress Committee, were obtained by him by exercising any illegal influence or pressure on those who made the contribution or as a result of misuse of his official position. Though in the first information report it has been alleged that Giani Zail Singh as Chief Minister of Punjab indulged in criminal conspiracy, with his Ministers and collected huge sums of money by misusing his official position and authority, the source of information is mentioned as "reliable source" only. There is a reference to some meetings having been held by the then Chief Minister and some Ministers including the petitioner with "industrialists" and "transporters", but no details whatsoever have been given as to the date and place of such meetings and the names of persons who participated therein. The F.I.R. has been lodged by Shri Gurbachan Singh as Superintendent, Flying Squad Punjab Government, and not on the basis of statement or statements of any persons who may have made any allegation regarding collection of money from him to them by illegal means or misuse of official position. As admitted by the learned Assistant Advocate General no statement of any person has been recorded during investigation so far. Thus the allegations in the F.I.R. continue to remain vague and unsubstantiated up to the date of hearing of this petition.

It is contended by the Learned Counsel for the petitioner that the petition of Giani Zail Singh, former Chief Minister, regarding grant of anticipatory bail has been already allowed by Dhillon, J, vide his order, dated September 2, 1977 in Criminal Miscellaneous No. 3564-M of 1977. (Giani Zail. Singh v. State of Punjab Cr. M. 3564-M of 1977)

Keeping all the circumstances referred to above in view, I consider it a fit case for grant of anticipatory bail. Consequently the interim order granting anticipatory bail to the petitioner by Sharma, J., dated 27th August, 1977 is hereby confirmed.