BHAYABHAI GIGABHAI SUTREJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application, under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C." for short), the applicant - original accused Bhayabhai Gigabhai Sutreja, seeks to invoke inherent powers of this Court, praying for quashment of FIR being I-C.R.No.2 of 2020 registered with ACB Police Station, Gandhinagar for the offences punishable under Ss. 13(1)(b) and 13(2) of the Prevention of Corruption (Amendment) Act, 2018 (hereinafter referred to as "the PC Act" for short).

(2.) The applicant herein was working as Class-I Regional Officer with Gujarat Pollution Control Board and was posted at Jamnagar. The applicant, being a Public Servant, has been charged for the offences punishable under Sec. 13(2) read with Sec. 13(1)(b) of the PC Act. Broadly, it is allegation against the applicant that he by abusing his official position as a public servant acquired and or in possession of pecuniary resources or property disproportionate to his known source of income, which he failed to satisfactorily account for.

(3.) It is a case of the prosecution that on 10/7/2020, P.I., Gandhinagar ACB received secrete information that the applicant, being a public servant, is travelling from Jamnagar to Gandhinagar having one black suitcase filled with huge amount of cash allegedly obtained by misusing his position as a public servant. A raid was conducted. The applicant when came out from the bus and was about to sit in his private car, he was restrained by police official and on preliminary search, Rs.4,95,813.00 unaccounted cash was found from the black suitcase. He was taken to Police Station where necessary entry was being registered and unaccounted amount seized by the police. He was produced before the Court and remanded for substantial period. The police official seized one diary maintained by the applicant, wherein the amount received from the concerned factory owners noted in his handwriting. During the investigation, bank locker jointly owned with the wife was also searched and upon search of the bank locker, unaccounted huge amount of cash worth Rs.55,69,500.00 along with gold ornaments worth Rs.72,22,579.00 and silver ornaments found and total recovery of Rs.1,27,95,874.00 effected during the investigation. During the investigation, the explanation furnished by the applicant herein for the recovery of huge amount and ornaments was not satisfactory as witnesses have either denied or refused with respect to seized cash amount and jewellery.