NATVARLAL BADARMAL SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application under Section 397 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) the applicant-original accused has challenged the order dated 07.09.2006 passed by 2nd Additional Sessions Judge, Ahmedabad (Rural) below Exh.6 in Sessions Case No.6 of 2002, whereby the application filed by the applicant herein for discharge under Section 227 of the Code came to be dismissed.

(2.) THE facts relevant for the present application are that the applicant, during the relevant time, was working as Assistant Sales Tax Commissioner at Vadodara in the State of Gujarat. It transpires from the record that the applicant joined services in the Sales Tax Department in the year 1975. During course of inquiry it was found that between the period from 1985 to 1999 taking into considering the salary and income of the applicant, the applicant had accumulated wealth disproportionate to his known source of income. Resultantly, an offence came to be registered against the present applicant being C.R. No.25 of 1999 with ACB Police Station, Ahmedabad (Rural) for the offences punishable under Sections 5(1)(a) and 5(2) of the Prevention of Corruption Act, 1947 and also under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988.

(3.) THE trial Court, after considering the contentions raised by the applicant as well as the State, came to the conclusion that the prosecution has been able to make out prima facie case against the applicant and by the order impugned in this application, dismissed the application of the applicant for discharge. Being aggrieved by the said judgment the present revision application is filed.