CENTRAL BUREAU OF INVESTIGATION Vs. RAJESH GANDHI

JUDGEMENT

(1.) Leave granted.

(2.) Respondent No. 1 is Director of M/s Continental Transport and Construction Corporation Limited. Some of the other directors of the company are one Ramesh Gandhi and one Mahesh Gandhi. The first respondent and the said two directors are brothers. In or about February, 1993 a raid was conducted by the Income-tax Department, Dhanbad on the office, residence and the factory premises of M/s. Continental Transport and Construction Corporation Limited and the first respondent as well as the other directors of the said company. Certain documents were seized during the raids. The documents so seized were stored by the then Assistant Director (Investigation), Department of Income-tax, Dhanbdd in one of the steel almirahs kept in his chamber. During the night of 8th/9th March, 1993 the documents seized were burnt after breaking open the offices steel almirah in which documents were kept. In respect of this incident local police registered in FIR bearing No. 159 dated 9-3-1993 in Police Station, Dhanbad, Dhansar under Sections 457, 436, 427, 201 and 120-B of the Indian Penal Code and under Section 4 of the Prevention of Damage to the Public Properties Act, 1984 against, inter alia, the first respondent and other persons. The investigation was carried on by the local police.

(3.) Thereafter, at the request and with the consent of the State of Bihar as per notification dated 2-6-1994, the Central Government by its notification/order dated 26-10-1994 issued under Section 6 of the Delhi Special Police Establishment Act, 1946 authorised the first appellant, Central Bureau of Irivestigation, to investigate the said offences. Hence the investigation of the said offences was transferred to the first appellant and a fresh case RC.1(S)/95(D) was registered on 3-1-1995 against the first respondent and other accused persons incorporating the offences mentioned in FIR No. 159/93. The first respondent filed a writ petition in the Patna High Court challenging the said notifications of 2-6-1994 and 26-10-1994. The present appeal arises from an order of a learned Single Judge of the Patna High Court quashing the said notifications.