Ruparna Dutta vs Union Of India Through C.B.I.

Gautam Kumar Choudhary, J

Petitioner- Ruparna Dutta is in custody since 07.12.2022 in connection with R.C.3(A)/2018-D corresponding to R.C.-AC-1-2018A 0003 for the offence registered under Section 13(2) read with Section 13(1)(e) of P.C. Act and Section 109 of the I.P.C. pending in the Court of learned Special Judge, C.B.I., Ranchi.

It is submitted by the learned counsel on behalf of petitioner that she happens to be the wife of principal accused Tapas Kumar Dutta, who has been granted default bail and the charge sheet has been submitted. Thereafter, another co-accused Santosh Kumar Shah has been granted bail by Hon’ble Supreme Court considering the default bail granted to the principal accused. This petitioner is not named in the F.I.R. and has been roped in the case only for being the wife of principal accused. After concluding the investigation, charge sheet has been submitted in this case finding a disproportionate assets of Rs.13,80,25,716/- with 1090.24% D.A. against Tapas Kumar Dutta. The petitioner has been charged of abetment of offence under Prevention of Corruption Act. Petitioner is an old ailing lady. She has multiple issues having respiratory problem and Arthritis.

It is submitted by Mr. P.A.S. Pati, learned counsel on behalf of C.B.I. that during investigation huge property have been seized which were disproportionate to her known source of income, although, she was housewife and no tax return was filed. It is submitted that the petitioner had several joint bank accounts with her husband Tapas Kumar Dutta, 45 mutual fund investment and number of LIC policies.

The investigation revealed that during check period from 01.04.2012 to 12.07.2017, Tapas Kumar Dutta amassed assets, movable and immovable properties to the tune of Rs.9,78,61,971/- in the name of his family members which were disproportionate to the known source of his income. Tapas Kumar Dutta came from an ordinary family background and his wife was housewife without any known source of income. The list of properties has been detailed in page 8-13 of the charge sheet. The assets at the beginning of check period as 01.04.2012 and assets at the close of check period, have been detailed in tabular chart in pages 18-52 of the charge-sheet. Out of these properties, the major properties which has been found in the name of this petitioner is the residence of the accused/petitioner-Tapas Kumar Dutta situated at H.B.-12, Flat No.1, Salt Lake, Sector-3, Kolkata from where cash of Rs.3,71,50,000/-was seized. On investigation, a total disproportionate asset of Rs.13,80,25,716.02 was found in the name of Tapas Kumar Dutta and his wife Ruparna Dutta.

There was total four lockers in the name of this petitioner and her husband from which jewelries weighing 1623.620 gm. worth Rs.46,72,801/-and jewelries weighing 5931.780 gms. having value of Rs.1,72,78,730/- were seized from the house of Tapas Kumar Dutta. The petitioner is wife of the principal accused and huge movable and immovable property has been found in her name which was disproportionate to her known source of income.

The prayer for bail of the petitioner, is hereby, rejected.