M.S. BADHAN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By virtue of the present petitions filed under Sec. 482 Crimial P.C. the petitioners, i.e. M.S. Badhan, Sibnath Mal and Rajesh Sarda, seeks to quash and set aside the impugned summoning order dated 23.04.2015 passed by the learned Special Judge (PC Act) (CBI)-6, Patiala House Court, New Delhi in CR No. 06A/14 and RC No. 01(A)/2013/ACU-VIII in AC-III/CBI/ND under Sections 7/12/13(2) read with Sec. 13(1)(d) of PC Act titled CBI Vs. N.K. Rai etc.

(2.) The brief facts stated are that a case was registered on the basis of source information that Nand Kishore Rai, Superintendent of Customs, Custom House, Strand Road, Kolkata in criminal conspiracy with Surendra Singh Bisht, Superintendent of Customs, Kolkata Port Commissionerate; P. Vijay Kumar, Deputy Director, Directorate of Revenue Intelligence(DRI), Mumbai; Pydi Rama Prasad, Deputy Commissioner, Directorate General of Central Excise Intelligence(DGCEI), Kolkata; Baljeet Singh, Customs Appraiser, New Customs House, New Delhi and other unknown officers of Customs Department were demanding and accepting pecuniary favours and illegal gratification for processing import/export related work of one Rajesh Sarda(petitioner herein) of M/s Universal Agency.

(3.) During the investigation it was revealed that the proposal of M/s Universal Agency, Kolkata was initiated for transportation of cargo from Kolkata port by railway to Nepal through Nautanwa/Jogbani Land Customs Station(LCS) by rail. In this regard permission from the Central Board of Excise and Customs(CBEC), New Delhi was required. The said proposal of the petitioner-Rajesh Sarda was processed and recommended by N.K. Rai, Superintendent of Customs and was forwarded to CBEC, New Delhi through Kolkata Port Commissionerate for approval and N.K. Rai and other officers of the Customs Department pursued the matter with regard to expeditious processing of the said proposal.