SC levies Rs 5 lakh fine on cop for not filing affidavit in customs officials obscenity case

MUMBAI: In a first of its kind in recent times, the Supreme Court imposed a fine of Rs 5 lakh on the investigating officer in the high-profile Lonavala resort case, for his failure to file an affidavit within the stipulated period.
“As per the orders, we have deposited the fine in the Supreme Court. We have issued a show cause notice to the then inspector, who was investigating the case.We are in the process of fixing responsibility for dereliction of duty. Once the responsibility is fixed, the entire amount will be recovered from the salary of the official responsible,” a senior home department official told ToI on Friday.
Actong on a tip-off, a team of Pune (rural) police led by inspector Sudam Darekar had raided a resort in Lonavala township on August 27, 2008. Police had arrested 22 senior customs officials and more than a dozen girls under the Bombay Prohibition Act and also applied IPC section 292 (indecency) against them. “The police had arrested them for indecent behaviour and consuming liquor without permit. A case was filed before the judicial magistrate first class, Maval, in Pune district,” the official said.
On April 20, 2010, on the basis of the evidence produced, the court held them guilty under the Bombay Prohibition Act as well as under section 292. Subsequently, the accused challenged the order before the Bombay High Court, specifically seeking that section 292 should be dropped from the charges against them. “The high court accepted their plea,” he said.
The official said after detailed consultation, the home department decided to file a special leave petition against the high court order. “We filed a special leave petition before the apex court on March 17, 2011. The apex court had directed the investigating officer to file an affidavit. In fact, the Supreme Court had prescribed a specific date for filing the affidavit. When the investigating officer failed to submit an affidavit, the Supreme Court imposed a fine of Rs 5 lakh,” he said.
On July 27, 2016, the home department issued an order to provide for depositing the amount in the Supreme Court. “The Supreme Court took a serious view of the failure of the investigating officer to submit the affidavit. We will probe as to why the affidavit was not filed by the investigating officer, whether it was due to a casual approach or if there was a communication gap. We expect to complete a preliminary probe within a week,” he said.