Former India Air Force chief S P Tyagi had allegedly paid in cash to the tune of crores of rupees to purchase properties in Gurgaon when he was heading the force but did not declare those to the government, top CBI sources said on Wednesday.
They also claimed that according to rules, Tyagi was bound to intimate the government about the acquisition of assets by him but he allegedly did not reveal.
The rules make it mandatory that any such acquisition of properties must be disclosed to the government in the absence of which the person can be proceeded against, the sources claimed.
Tyagi has so far not denied meeting middlemen and since he knew that middlemen are not allowed in defence deal, why did he not sounded alarm and recommended cancellation of the deal, they alleged.
Repeated calls to Tyagi seeking his comments remained unanswered. He also did not answer messages sent to him seeking reaction on the allegations.
Tyagi's counsel had earlier claimed that the decision to procure VVIP choppers from AgustaWestland was a "collective" one and Prime Minister's Office (PMO) was also a part of it.
The CBI sources said bail jurisprudence relies on the fact that if the accused is not able to tamper the evidence or influence the witnesses, bail is granted.
The special court has not passed any decision on the merit of the case, they said, adding that the agency has already filed an appeal before the Delhi high court challenging his bail claiming its probe would be "hampered" if he remains out.
The case relates to acquisition of 12 VVIP helicopters in a deal of about Rs 3,600 crore.
It is alleged that Tyagi recommended reductions in key parameters of the helicopters which made AgustaWestland a candidate in the deal.
CBI in its FIR has named him along with his three cousins for allegedly misusing official position to help the company.