UDAI NARAIN Vs. STATE OF UP

JUDGEMENT

(1.) This is a criminal revision directed against the order dated 25.7.2001 passed by the Special Judge. Anticorruption (Central), U.P. Lucknow in Criminal Case No. 39 of 1998, State v. Udai Narain and Another by which the Trial Court rejected the objection raised by the accused revisionist and held that the prosecution sanction dated 8.5.1996 accorded againstthe accused revisionist by Tarsem Lal, the Under Secretary, Government of India is complete and valid.

(2.) The facts and the circumstances giving rise to the present revision as narrated in the charge- sheet are that revisionist Udai Narain was functioning as Additional Collector, Central Excise at Allahabad/Lucknow during November, 1993 and while functioning as such on 8.11.1993. Shri N.P. Tiwari, Dy. S.P. (CBI) accompanied by Inspectors B.C. Shanna: Ashok Babu, Haripal Sehgal. Chief Manager. PNB, Sadar Bazar Branch. Lucknow, A.A. Kazmi, Dy. Manager, (Vig.) PCI, RO, Lucknow, C.A. Ram Sundaram, Manager, PNB, Zonal Office, Lucknow intercepted a Fiat. Car bearing Registration No. MEN-14 accompanied by the revisionist and the coaccused Abdul Aziz Sreshamwala at Amausi Airport and saw the transaction of Rs. two lacs as bribe. Shri N.P. Tiwari, Dy. S.P. (CBI) recovered a Brief Case containing 400 currency notes each of Rs. 500/- denomination amounting to Rs. 2,000,00/- (Rs. two lacs only). It is alleged that. those currency note.s were brought by Abdul Aziz Reshamwala for payment to the revisionist Udai Narain as demanded by him for getting settled his matter relating to seizure of Indian currency of Rs, 21,23,050/- as illegal gratification other than legal remuneration from the said businessman. Shri N.P. Tiwari, Dy. S.P. (CBI) prepared the search and recovery memo, sealed the currency notes in the envelope in the presence of the witnesses and the C.B.I. Officers. He also prepared the seizure memo thereat.

(3.) On the basis of the search and seizure memo a case vide R.C. No. -39 (A)/93 CEl/ Lucknow was registered and aforesaid N.P. Tiwari, Dy. S.P. (CBI) completed the investigation and after obtaining impugned sanction order, filed charge- sheet in the Court of the Special Judge, Anti- Corruption (Central), U.P. Lucknow.