2. The case of the appellant is that he was working as the Chief General
Manager, Telecom, North-East Task Force, at Guwahati, and retired from his
service on 30th of September, 2005, and that he is presently about 83 years of
age. The appellant also stated that before he joined as the Chief General
Manager, Telecom at Guwahati, he was working in the Department of Telecom,
Government of India, at various places across the country, for nearly 28 years
without any blemish in his service career.
3. It is the further case of the appellant that while he was working as the
Chief General Manager, Telecom, Guwahati,and was proceeding from Guwahati
to Chennai, on 06.09.1997, he was intercepted at Guwahati Airport by the
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Security Superintendent stationed at the said Airport, as well as by another
Security Officer, along with one Sub-Inspector of Assam Police, attached to
Airport Security. The appellant further stated that he was detained at the Airport
as he was carrying cash in his baggage and that on finding the same, the
Executive Magistrate was called to the Airport and an amount of Rs. 25,31,200/-
(Rupees Twenty Five Lakhs Thirty One Thousand Two Hundred Only) was seized
from his baggage at the Airport Security Enclosure in presence of police
personnel. Thereafter, it is stated that the said Executive Magistrate lodged a
complaint which was treated as First Information Report (shortly as “FIR”)
before the Azara Police Station, being registered and numbered as Azara PS
Case No. 74 of 1997, under Section 7/13(1) (e) of the PC Act. In the said FIR, it
was stated inter alia that the seized money was given as illegal gratification to
the appellant by 5 (five) contractors named therein. The appellant, thereafter
was taken into police custody on the same day, i.e., on 06.09.1997, and the
Deputy Superintendent of Police took up the investigation as the Investigating
Officer. The appellant further stated that on the next day, i.e., on 07.09.1997, an
additional amount of Rs. 4,00,000/- (Rupees Four Lacs Only) were seized from
his residence by the Investigating Officer. Thereafter, the charge sheet was
submitted in which it was inter alia stated that the amount of Rs. 29,31,200/-
(Rupees Twenty Nine Lakhs Thirty One Thousand Two Hundred Only) was
disproportionate assets of the appellant.
