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Central Bureau of Investigation vs. Dilip Mulani & Anr.

Not available · 2024 INSC 712Decided 20 Sept 2024
Not available
Justice Abhay S. Oka · Justice Ujjal Bhuyan

Background

Dilip Mulani, Managing Director of a Mumbai customs-clearing company, was chargesheeted along with five others for conspiracy to bribe customs officials in exchange for clearing customs duty refund claims for the company's clients. The High Court discharged him twice, the second time after the Supreme Court had earlier sent the matter back for a fuller review, finding the evidence against him too thin. The CBI appealed to the Supreme Court against this discharge.

Decision Breakdown

The Supreme Court closely examined the chargesheet and a diary maintained by a co-accused that recorded illegal payments, in which the initials "DM" appeared next to entries about bribe money. The CBI's own reply to the discharge application had earlier admitted that "DM" referred to a different co-accused, Dushyant Mulani, not to the respondent, Dilip Mulani. Beyond this diary entry, the Court found only a bare, unparticularised allegation that Dilip Mulani was part of the criminal conspiracy, with no specific evidence connecting him to any actual payment. Since even taking the chargesheet's material at face value it did not disclose a prima facie case against him, the Court upheld the discharge and dismissed the CBI's appeal.

Lesson Learnt

At the stage of framing charges, courts must find a genuine prima facie case grounded in actual evidence: a vague conspiracy allegation, unsupported by specific material connecting the accused to the offence, cannot justify putting someone on trial.

Official source (sci.gov.in)View Judgment (PDF)

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