Assets case: Retd Brigadier gets 2 yrs’ jail

The court also observed that the ITRs were filed to show inflated income.

Written by Kaunain Sheriff M | New Delhi | Published: September 2, 2014 2:29 am

A Delhi court has sentenced retired Brigadier Samir Baron Ray to two years’ rigorous imprisonment in a disproportionate assets case.

The Brigadier was convicted for possessing disproportionate assets to the tune of Rs 68 lakh.

The court convicted Ray under Section 13(1)(e) of the Prevention of Corruption Act read with Section 13(2) of the PCA. The officer was Deputy Director-General, Ordinance Services, at the Integrated Headquarters of the Ministry of Defence when the case was registered in 2008.

The prosecution alleged Ray had amassed huge assets in his name as well as in the names of members of his family during the period 1.4.2000 to 31.8.2008 to the tune of Rs 28,95,827. His wife was also tried for the offence of abetment and aiding Ray in acquisition of disproportionate assets. However, the court acquitted her of the charges.

Ray argued before the court that the CBI had not shown his income correctly. In respect of this, he had relied upon the Income-Tax Returns (ITRs) filed by him – but after the registration of the case. But the court said Ray could not establish the capital gains in the ITRs filed by him.

The court also observed that the ITRs were filed to show inflated income.

Ray joined the Indian Military Academy, Dehradun, in 1973. After completion of training, he was allotted Ordinance Corps. In October 2005, Ray was promoted to the rank of Brigadier and was posted in DDOS, 15 Corps, Srinagar. He was subsequently transferred as DDG (Technical Functioning & Budgetary Control) New Delhi, from where he superannuated on 31.8.2008.

The defence counsel argued before the court for leniency on the ground that the officer for 33 years had an “unblemished” record and that he was judged “outstanding” in most of his annual confidential reports.

However, the prosecutor argued that a “message” should go to society and that a senior officer in the army should be a role model to society.

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