(1.) The petitioner is the first accused in Crime No.RC 01(A)/2018/CBI/ACB/COCHIN registered for the offences punishable under Sections 7 and 13(1)(a) and (d) read with Section 13(2) of the Prevention of Corruption Act (for short the P.C. Act').
(2.) The prosecution allegation can be briefly stated as follows:- The petitioner was the Commandant of 83 Battalion of Border Security Force. He received bribe of about Rs. 50 lakh from smugglers operating along International Border of India and Bengladesh, where his battalion was deployed for border security duty. On getting information regarding the illegal activities of the petitioner, he was followed while he was travelling in Shalimar Express train from Shalimar to Kayamkulam and he was intercepted when he got down at Aleppey Railway Station on 30.1.2018 at 5.15 p.m. He carried a suit case which contained an amount of Rs. 45,30,500/-. He was arrested from the spot. Subsequently, he was produced before the court of the Enquiry Commissioner and Special Judge (CBI/SPE), Thiruvananthapuram on 31.1.2018. The learned special Judge remanded the petitioner to the custody of CBI till 12.2.2018. After interrogation, the petitioner was produced before the learned Special Judge. The learned Special Judge remanded the petitioner to judicial custody.
(3.) The petitioner has filed this application under Section 439 Cr.P.C., 1973