LAWS(GJH)-2013-4-389

CENTRAL BUREAU OF INVESTIGATION Vs. CHANDER SAIN BHARTI

Decided On April 04, 2013
CENTRAL BUREAU OF INVESTIGATION Appellant
V/S
Chander Sain Bharti Respondents

JUDGEMENT

(1.) RULE .Mr.R.Z.Shaikh, learned advocate waives service of notice of Rule on behalf of respondent No.1. Mr.K.P.Raval, learned APP waives service of notice of Rule on behalf of respondent No.2-State of Gujarat.

(2.) BY way of the present application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, Central Bureau of Investigation has prayed to extend the custodial interrogation of the respondent-accused, who is an Additional Commissioner of Income Tax Department, Gandhinagar Range, Ghandhinagar, State of Gujarat, who has alleged to have committed offence under Section 7 of the Prevention of Corruption Act, 1988 by demanding and accepting a bribe of Rs.30,00,000/-(Rupees Thirty Lakhs Only) from the original complainant for passing the assessment order and to accept income tax return filed by Drashti Construction for assessment year 2010-2011, which was accepted by Angadia (Agent) situated at Ahmedabad. Since the learned Special Judge, CBI, Ahmedabad has rejected the application filed by the present petitioner to extend the police remand, which was permitted to the Investigating Agency till 31.3.2013, by order dated 31.03.2013.

(3.) PURSUANT to alleged FIR, a trap was laid on 26.3.2013 and after carrying out appropriate procedure as per law, and thereafter through communication between complainant, accused and his acquaintance, it was found that the bribe amount of Rs. 30 lakhs was delivered to Angadia (Agent) at Ahmedabad through his different acquaintances of Calcutta, Jaipur, Ahmedabad and Gandhinagar. The accused was arrested on 26.03.2013 itself.