The Inspector Of Police, Cbi Acb Chennai versus A. Paramasivan - Order No: 22

DEPOSITION OF WITNESS (Chapter XXIII code of Criminal Procedure) In the Court of Principal Special Judge for CBI Cases VIII Additional City Civil Court, Chennai – 104. w | | Calendar Case | } C. C. No. 6/2019 | | |---------------|---------------------------------|-----------------|--------------------| | | e
Prosecution Witness PW: 22 | (LW- 67) | | | Name |: Thiru. L. S. Padmakumar | | Caste
:
Nair | | Father's Name |: Late P. Sankara Pillai | Calling |: Rtd. , SP, CBI | | Village |: MGRA 37A, Palkulangara Pettah | | Religion: Hindu | | Taluk |: Trivandrum – 695 624 | | | | Age |: | | | Solemnly affirmed in accordance with the provisions of Act X of 1873 on this the 25th day of August, 2023.

**(A2 discharged as per order in Crl. M. P. No. 5397/2019. A1 absent. Petition under section 317 of Cr. P. C. is filed aND allowed. ) Chief Examination: ** b

I worked as Additional Superintendent of Police aND Superintendent of Police in CBI, ACB, Chennai during the period from June, 2010 to September, 2017. This case R. C. 42 (A) / 2014 was registered on 09. 10. 2014 by Mr. Vellaipandi, SP, CBI, ACB, Chennai for the offence under section 13 (2) read with 13 (1) (e) of the Prevention of Corruption Act, 1988 against Mr. A. Paramasivam, IA & AS, Director (AMG – II), Office of Director General of Audit (Central Expenditure), New Delhi. Mr. Vellaipandi carried out investigation initially aND subsequently, on 17. 02. 2016, this case was transferred to me for investigation. I took up the Investigation aND during the course of investigation, I have examined aND recorded the statements of LW 15 Mr. A. Mohanraj (PW 4) on 04. 08. 2016, LW 16 Mrs. Ramya on 09. 08. 2016, LW 17 Mr. Kumaresan on 01. 07. 2016, LW 20 Mr. Vipin Thomas (PW 3) on 11. 07. 2016, LW 21 Mrs. Mageswari (PW 16) on 21. 06. 2016, LW 23 Mr. Sanjay J Ananth on 18. 05. 2017, LW 25 Mr. Lakshmana Perumal on 27. 01. 2017, LW 26 Mr. P. Karuppasamy on 17. 03. 2017, LW 27 Mr. V. Gopinath (PW 19) on 22. 02. 2017, co Taken down before me, read over to the witness aND admitted by him to be correct aND signed before me. Principal Special Judge for CBI cases, Chennai pyK DHANASEKARAN Digitally signed by K DHANASEKARAN Date: 2023. 08. 25 17: 42: 57 +0530 LW 28 Mrs. C. Sulochana (PW 6) on 08. 05. 2017, LW 29 Mr. C. Ashok Kumar (PW 8) on 25. 03. 2017 aND 08. 05. 2017, LW 30 Mrs. P. Suba Ananthi on 17. 05. 2017, LW 31 Mr. Srinivasan on 16. 05. 2017, LW 32 Mr. C. Shanmuga Sundaram on 24. 04. 2017, LW35 Mr. Chelladurai on 26. 04. 2017, LW 39 Mr. K. Senthoorpandi on 12. 03. 2017, LW 40 Mr. S. Palanisamy on 25. 04. 2017, LW 44 Mr. Narayana Muthu on 12. 03. 2017, LW 45 Mr. K. GaneSh. on 12. 06. 2017, LW 48 Mr. R. Jayaraman on 11. 07. 2016. e I have also interrogated the Accused Sh. . Paramasivam on 29. 06. 2016, 19. 07. 2016, 06. 09. 2016, 16. 09. 2016, 17. 09. 2016, 18. 09. 2016, 19. 09. 2016 aND 16. 05. 2017. b During the course of investigation, I have seized L. D. 41 from the office of Accountant General (A & E) is now marked as Ex. P. 77 (seven sheets), Ahmedabad, Gujarat, L. D. 42 from the office of Accountant General (E & RSA) is now marked as **Ex. P. 78 (one sheet), ** Gujarat aND L. D. 43 from the office of Accountant General (A & E), Rajkot, Gujarat is now marked as Ex. P. 79 (three sheets). These three documents pertain to the official journeys performed by Sh. . A. Paramasivam. I have also seized L. D. 44 from the office of Comptroller aND Auditor General of India, New Delhi dated 07. 12. 2016 forwarding the statements I to VI submitted by Sh. . Paramasivam aND it is now marked as Ex. P. 80 (thirty sheets). I have also seized L. D. 45 letter dated 10. 07. 2016 from Tahsildar, Ottapidaram addressed to SP, CBI, ACB, Chennai forwarding details of cultivation done by Mr. Paramasivam at Naraikkinaru, Marutham vazhvu aND Akkanayakkenpatti Villages aND it is now marked as Ex. P. 81 (twelve sheets). I have also seized L. D. 46 letter dated 29. 06. 2016 from State Bank of India, Vadaj Branch, Ahmedabad forwarding the statement of account of Smt. . Selvarani, Wife of Sh. . Paramasivam addressed to SP, CBI, ACB, cop Taken down before me, read over to the witness aND admitted by him to be correct aND signed before me. Principal Special Judge for CBI cases, Chennai y Chennai aND it is now marked as Ex. P. 82 (thirty two sheets). I have also seized through Emmanuel Angel, Inspector, CBI, ACB, Chennai vide L. D. 47 Receipt Memo dated 07. 07. 2016 from Accounts Officer – TR, Office of GM – East, Ahmedabad, Telecom District, BSNL aND it is now marked as **Ex. P. 83 (one sheet), ** L. D. 48 details of holder of telephone number 079 – 25624740 aND it is now marked as Ex. P. 84 (one sheet) aND L. D. 49 the details of payments towards telephone bills along with certificate under section 65 – B of Indian Evidence Act aND it is now marked as **Ex. P. 85 (three sheets). ** I have also seized through Emmanuel Angel, Inspector, CBI, ACB, Chennai vide L. D. 50 Receipt Memo dated 08. 07. 2016 aND it is marked as Ex. P. 86 (one sheet), L. D. 51 letter dated 08. 07. 2016 from the Principal, Delhi Public School, Gandhi Nagar aND it is now marked as Ex. P. 87 (three sheets), L. D. 52 containing quarterly fee receipts collected by Delhi Public School, Gandhi Nagar was received under L. D. 51. L. D. 52 now marked as Ex. P. 88 (twenty four sheets). Under L. D. 53 receipt memo dated 08. 07. 2016, L. D. 54 Premium paid receipt for Policy No. GJ – 614142 - CC was received by Sh. . Emmanuel Angel, Inspector, CBI, ACB, Chennai along with certificate under section 65-B of Indian Evidence Act, L. D. 55 premium paid certificate. The receipt memo dated 08. 07. 2016 along with enclosures are now marked as Ex. P. 89 (nine sheets). Vide L. D. 56 letter dated 28. 06. 2016, I have collected policy premium remittance details of Sh. . Paramasivam aND Mr. Evangeline in respect of policy nos. 320040381, 321428329 aND 321779608 along with certificate under section 65-B of Indian Evidence Act aND it is now marked as Ex. P. 90 (fourteen sheets). Vide L. D. 57 letter dated 28. 06. 2016, I have collected policy premium remittance details in respect of policy no. 320040381, 321428329 aND 321779608 along with certificate under section 65-B of Indian Evidence Act aND it is now marked as Ex. P. 91 (five sheets). Vide L. D. 58 letter dated ebcop

Taken down before me, read over to the witness aND admitted by him to be correct aND signed before me. Principal Special Judge for CBI cases, Chennai y

4. 8. 2016, I have collected deposit voucher dated 21. 05. 2012 in the name of Smt. . Selvarani for an amount of Rs. 15, 000/- aND it is now marked as Ex. P. 92 (two sheets). Vide L. D. 60 letter dated 01. 08. 2016, I have collected copy of E - returns of Smt. . Selvarani for the year AY 2009 – 2010, 2010 – 2011, 2011 – 2012, 2012 – 2013, 2013 – 2014, 2014 – 2015 from the Income Tax Office, NCW – 21 (4), Chennai aND it is now marked as Ex. P. 93 (nineteen sheets). Vide L. D. 61 letter dated 21. 06. 2016, I have collected copies of Income Tax Returns filed by Mr. Paramasivam for the Assessment year 2010 – 2011 to 2015 – 2016 along with certificate under section 65-B of Indian Evidence Act aND it is now marked as Ex. P. 94 (twenty one sheets). Vide L. D. 62 letter dated 27. 01. 2017 from ATC India Pvt. Ltd. , I have collected documents relating to agreement between Smt. . Selvarani aND M/s. ESSAR Telecom Infrastructure Pvt. Ltd. , aND licence fee payment details aND it is now marked as Ex. P. 95 (twenty seven sheets). Vide L. D. 81 letter dated 27. 07. 2016 from State Bank of India, Vadaj Branch, Ahmedabad, I have collected certified photocopy of cheque bearing no. 835056 for an amount of Rs. 50, 000/- in the name of Ms. J. Rekha issued by Mrs. S. Selvarani on 20. 12. 2011 aND also other details of the account aND it is now marked as Ex. P. 96 (nineteen sheets). Vide L. D. 83 letter dated 15. 12. 2016 from Deputy Director / Admin, Office of DG (Audit), Central Expenditure, Delhi, I have collected attested copies of leave applications during the posting of Mr. Paramasivam in the above office for the period from 01. 05. 2013 to 22. 04. 2014 aND it is now marked as Ex. P. 97 (eight sheets). Vide L. D. 84 letter dated 23. 12. 2016 enclosing statement showing the leave applications aND details of leave availed by Mr. Paramasivam for the period 13. 05. 2010 to 30. 04. 2013 aND it is now marked as Ex. P. 98 (fifteen sheets). Vide L. D. 91 notice dated 10. 05. 2016, I have collected statement of account bearing number 31178109517, State Bank of India, AGCR ebcop Taken down before me, read over to the witness aND admitted by him to be correct aND signed before me.

DHANASEKARAN Date: 2023. 08. 25 17: 43: 26 +0530 Principal Special Judge for CBI cases, Chennai y 5 w Branch, New Delhi in the name of Mr. Paramasivam for the period from 01. 04. 2012 to 22. 04. 2014 aND it is now marked as Ex. P. 99 (fourty seven sheets). Vide L. D. 95 letter dated 06. 03. 2019, I have collected statement of account bearing number 31178109517, State Bank of India, AGCR Branch, New Delhi in the name of Mr. Paramasivam for the period from 01. 01. 2010 to 22. 04. 2014 along with certificate under section 65-B of Indian Evidence Act aND section 2B of Banker's Book of Evidence Act aND it is now marked as **Ex. P. 100 (eighty three sheets). ** The document now shown to me is the First Information Report (FIR) in R. C. MA1 2014 A 0042 dated 09. 10. 2014 registered at CBI, ACB, Chennai by Mr. S. Vellaipandi for the offence under section 13 (2) read with 13 (1) (e) of the Prevention of Corruption Act, 1988 against Mr. Paramasivam aND it contains the signature of Mr. S. Vellaipandi aND it is now marked as Ex. P. 101 (nine sheets). I can identify the signature of Mr. S. Vellaipandi as I worked along with him aND I have seen him writings aND signing during the official course of work. The document now shown to me is the proceedings dated 30. 06. 2016 myself as Superintendent of Police, CBI, ACB, Chennai authorizing Mr. Emmanuel Angel, Inspector, CBI, ACB, Chennai under section 17 aND 18 of PC Act, 1988 aND it is now marked as Ex. P. 102 (one sheet). The document now shown to me is the proceedings dated 01. 09. 2017 myself as Superintendent of Police, CBI, ACB, Chennai authorizing Mr. P. Muthukumar, Inspector, CBI, ACB, Chennai under section 17 aND 18 of PC Act, 1988 aND it is now marked as Ex. P. 103 (one sheet). Upon my transfer to New Delhi. I have handed over the investigation along with case files to Mr. P. Muthukumar on 01. 09. 2017. ebco

Cross Examination on behalf of A1:

Counsel for defence represented that no cross examination as of now.

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References: Case Number - CC/6/2019 | Case Type - CC | CNR Number - TNCH020024272019 | Complex Name - City Civil Court Complex, Chennai | Court Name - 83-isvarane s.(incharge)-additional SPECIAL JUDGE (IX ADDL JUDGE - CBI) | Filing Date - 15-03-2019 | Judge Name - 83-Additional Special Judge (Ix Addl Judge - Cbi) | List Date - 2025-05-28 | Order Date - 2023-08-25 | Order Number - 22 | Petitioner Advocates - Public Prosecutorm/S. V.S. Venkatesh | Petitioner Parties - The Inspector Of Police, Cbi Acb Chennai Advocate - Public Prosecutor | Respondent Parties - A. Paramasivan Advocate - M/S. V.S. Venkatesh2) S. Selvarani, W/O. A. Paramasivan (Discharged) | Status - Evidence