The court asked the department to pay a fine of Rs 10,000 for the goof up made by VL Solanki.
The sessions court came down heavily on CID crime and VL Solanki, then deputy superintendent of Police, after it detected major goof ups which resulted in acquittal of two key accused including an immigration officer in a case.
The court asked the department to pay a fine of Rs 10,000 for the goof up made by Solanki.
The court has also suggested that the department recover the amount from Solanki and initiate proceedings against him. The court has now called for copies of all the records and documents related to the case for further evaluation of the same and correct the situation.
As per the case, an FIR was filed on March 9, 2005 against immigration officer PJ Chaudhry, a passport agent Vishnu Patel and another government official Satyanand Christian.
In the case it was alleged that Patel with the help of Chaudhry managed to sneak many people into the US on fake passports that he got made using documents of Christian.
The official was booked under the corruption charges and several other sections of the IPC and Indian Passport Act. During investigation, Parikshita Gurjar arrested Patel and Christian.
Eight others, whose roles were revealed during further investigation, were later arrested by Dr. NK Amin. Amin later arrested Chaudhry. DD Damor then took over the case after Amin filed a chargesheet against Patel before the sessions court.
Meanwhile Damor too was transferred. Finally, the case came to Solanki, from where the goof up began. Solanki had filed a report under sec 169 of CrPC (for release of the accused as no evidence was found) for the three accused -Babu Patel, Rohit Shah and Chaudhary.
He further filed an application to drop charges of corruption on August 6, 2007 against them. The court later acquitted them on September 5, 2007.
However, Solanki then filed a supplementary chargesheet against eight other accused before the chief metropolitan magistrate court on August 13, 2007.
But the goof up came to light when the special court of Anti Corruption Bureau began hearing the case against Patel on October 12, 2010. The court discovered that several papers related to supplementary chargesheet against rest of the accused were missing. The court then asked the public prosecutor Mukesh Kapadia to look into the case. Kapadia moved out of the same alleging non-cooperation by officials.
The court then asked the assistant director of ACB to look into the case and file a report. As per the report filed by the ACB, Solanki while presenting the supplementary chargesheet before the magistrate court had written that one chargesheet against an accused Patel had already been filed before the sessions court. Moreover, he himself had preferred an application under CrPC 169.
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