Hinting at the involvement of Mining Department officials in illegal mining, Enforcement Directorate (ED) has questioned the Punjab Mining Department for not invoking stern provision of Indian Penal Code against mining contractor Rakesh Chaudhry, who is booked by Rupnagar police.
The ED has started the investigation of Prevention of Money Laundering Act (PMLA) against Chaudhry.
As the Punjab Mining Department has invoked only theft charges against the mining contractor of the Ropar cluster for illegal mining, ED while starting investigation of money laundering against the contractor has questioned the Mining Department for not invoking forgery charges against erring contractor.
The Rupnagar Police has booked Chaudhry under Section 379 of IPC on complaint of the mining department for extracting more quantities of mineral from mining areas. Sources said that the name of Chaudhry was figured during the interrogation of Bhupinder Singh Honey, nephew of former chief minister Charanjit Singh Channi. Honey was arrested by ED.
However, when the Ropar police booked Chaudhry on complaint of the mining department, it irked the ED, as the letters concealed the information of forgery and other charges. Thus, the ED has questioned it by writing a letter which has been accessed by HT.
Seeking details from Irrigation Department, Rakesh Kumar Srivastava, Assistant Director, ED, Jalandhar in letter to the Chief Engineer Mining Department wrote that “it is apparent that the said contractor failed to intimate the mining department through FORM-N on monthly basis the correct figures of the material extracted and intentionally indulged in the illegal extraction of material to the tune of 2,34,768 MT. Therefore, it appears that the said contractor has mis-declared the quantity of material extracted during the period of contract with a criminal intent in order to defraud the public exchequer, which appears to have caused huge wrongful loss of the public exchequer.” “Further, the possibility of hatching a criminal conspiracy by Rakesh Kumar Chaudhry along with other associated private persons/ public servants cannot be ruled out in this case”, read the letter in which ED has questioned that it is not possible without involvement of public servants. The officer said that the act of contractor Rakesh Chaudhry appears to have attracted not only the penal provisions under section 21(1), 4(1) of Mines and Minerals Act, 379IPC, as per the FIR registered at Rupnagar, but also under section 120-B, 418, 420, 467, 468, 471 etc of IPC.
{{/usCountry}}Seeking details from Irrigation Department, Rakesh Kumar Srivastava, Assistant Director, ED, Jalandhar in letter to the Chief Engineer Mining Department wrote that “it is apparent that the said contractor failed to intimate the mining department through FORM-N on monthly basis the correct figures of the material extracted and intentionally indulged in the illegal extraction of material to the tune of 2,34,768 MT. Therefore, it appears that the said contractor has mis-declared the quantity of material extracted during the period of contract with a criminal intent in order to defraud the public exchequer, which appears to have caused huge wrongful loss of the public exchequer.” “Further, the possibility of hatching a criminal conspiracy by Rakesh Kumar Chaudhry along with other associated private persons/ public servants cannot be ruled out in this case”, read the letter in which ED has questioned that it is not possible without involvement of public servants. The officer said that the act of contractor Rakesh Chaudhry appears to have attracted not only the penal provisions under section 21(1), 4(1) of Mines and Minerals Act, 379IPC, as per the FIR registered at Rupnagar, but also under section 120-B, 418, 420, 467, 468, 471 etc of IPC.
{{/usCountry}}In view of the above, it is requested to intimate this office, whether drainage cum mining department has requested/ contemplates to request the police authorities for registration of FIR under other sections, in addition to those already invoked in FIR. Also, whether any other complaints have been issued by the mining department against the said contractor, read the letter, asking the irrigation department to submit it. Meanwhile, the Punjab Irrigation Department has asked XEN Anandpur Sahib and Rupnagar to submit the
reply at earliest regarding the observations made by the ED.