Customs Sepoy fined ONE CRORE rupees and sentenced to Four years imprisonment - Disproportionate Assets
THREE days ago, the Special Judge for CBI cases, Goa at Mapusa delivered a judgement imposing a fine of One Crore rupees on a sepoy, yes you read right a sepoy in the Customs and Excise Department. Even his wife was a co-accused and she gets a jail term of one year. A Sepoy as you might know is the lowest position in the Department.
Suresh was appointed as a sepoy in Goa on ad-hoc basis in 1991 and was regularised in 1995. The CBI conducted a raid in his house and found that as on 1.5.2008 he was holding assets worth Rs. 3,51,533/- which grew to Rs. 56,41,563/- as on 6.1.2011. He had, therefore, acquired assets worth Rs. 52,90,030/- during the said period. It was accused that his expenses during the check period were Rs. 2,03,43,235/-, income during the said period was Rs. 1,40,36,473/- and, therefore, the disproportionate assets which he had acquired were to the extent of Rs. 1,15,96,792/-.
What really gave in was he and his wife had invested nearly thirty lakhs in insurance policies during that period. He and his wife had also paid income tax during the period.
The Court found that disproportionate assets to the tune of Rs. 1.15 Crore are proved.
It was pleaded on behalf of the accused:
That Suresh is a poor, family person with minors dependent on him; that in case he is awarded punishment of imprisonment, future of his children will be adversely affected;
That Accused no.2 (his wife) is innocent; that she does not know any intricacies of law or business; that she was not personally involved in any of the activities and that that she has children to be looked after and, therefore, minimum punishment should be awarded to her.
The Judge was not impressed: He observed,
Accused no.1 was a mere sepoy. During the check period his total take home salary was Rs. 2,21,171/- only. The evidence reveals that although accused no.2 was the proprietor of the business run by her, accused no.1 was actively participating in the same. The total income earned by accused no.2 from her business during the check period was only Rs. 6,64,195/-. The accused, however, have amassed huge assets of about 1.15 crores during the short span of two years and eight months. The extent of criminal misconduct committed by accused no.1, therefore, cannot be said to be minor to give him a flee bite punishment. May be accused have children who are minors but then they must have thought of it before committing such misconduct.
So our Sepoy was awarded a rigorous imprisonment for a period of four years and fine of Rupees One Crore only; his wife was sentenced to undergo simple imprisonment for a period of one year and pay a fine of Rupees Ten Thousand Only.
What will happen to the poor children when both the parents go to jail?