A K CHATTERJEE Vs. STATE

JUDGEMENT

(1.) The applicant, A. K. Ghatterjee, Sanitary Inspector, employed by the Ministry of Health) Govt. of India seeks quashing of the proceedings against him pending in the court of Shri D.C. Aggarwal, Special Judge, under Section 5 (2) of the Prevention of Corruption Act read with Section 161 and 384 of the Indian Penal Code. He is also seeking transfer of the case from that Court. For that purpose, he has filed a separate application bearing Cri. Misc. No. 1475/81.

(2.) To appreciate the contention of the petitioner, it is necessary to note certain facts.

(3.) The petitioner was posted on the night of 17/18th August, 1981 at Palam Airport, New Delhi. His duty -was to check health certificate of passengers arriving at the Palam Airport from abroad. The allegations against the petitioner are that at 1.30 p.m. on 18th August, 1981 he took a bribe of 200 Dollars from one of the passengers on the pretext that he did not possess a proper vaccination certificate and was thus not entitled to disembark in India. On the basis of that report, the Central Bureau of Investigation registered a case under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and Sections 161 and 384 of the Indian Penal Code. The petitioner was arrested on 24th August, 1981 at about 12.30 p.m. On the next day, on 2 5th August, 1981 he was produced before a Metropolitan Magistrate who remanded him to Police custody till 29th August, 1981. While in Police custody the petitioner was produced before the Special Judge, Shri D.C. Aggarwal on 27th August, 1981. It is admitted that on that day the report under section 17301 the Code of Criminal Procedure was filed in that Court. The statements recorded under section 161 of the Code and copies of some of the documents were handed over to the accused petitioner herein on that very day. The learned judge directed the case to be listed for the next date i.e. 28th August, 1981 for scrutiny of the documents. The petitioner was, however, remanded to judicial custody.