KAILASH NATH TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) Revisionist Kailash Nath Tripathi posted as Inspector (Anti-Corruption Organization) in District Varanasi has invoked revisional power of this Court under Sections 397/401, Cr.P.C. challenging the order dated 20.1.2007 passed in Special Trial No. 11 of 2004, State v. Chandrama Singh and Others by which Special Judge (Anti-corruption), Gorakhpur has refused to discharge him for offences under Sections 13(1) and 13(2) of Prevention of Corruption Act.

(2.) In brief the preceding facts are that a Complaint No. 142 of 2000 was filed by Union of India against accused Kamala Singh son of late Raj Nath Singh for offences under Sections 8/20/23 of NDPS Act and under Section 11 of Customs Act in the Court of Special Judge/ Additional Sessions Judge, Court No. 4, Azamgarh on 7.11.2000 with the allegations that the complainant Achal Kumar Agarwal is the Custom Inspector posted in District Azamgarh. On 22/23.10.2000 at 9 p.m., on the basis of a secret information he laid a trap on Azamgarh-Dohari route near Jianpur for seizing truck No. WB 25-2335 which was proceeding towards Tundala coming from Assam. At 12.00 a.m. he intercepted the said truck. On inquiry the driver of the truck informed him that there was no illegal contraband in the truck but because there was a secret information hence the complainant along with his companions Inspector Rajeshwar Prasad and Rajiv Kumar Biswas started proceeding towards Customs Office. In the way Circle Officer (City) sent the truck to PS Kotwali on the ground of over loading. On 23.10.2000 at 11.30 a.m. the truck was returned to the Customs Department because of intervention of higher officers. Thereafter the truck was brought to the Customs Office and was searched which led to the discovery of 250 kgs. of Ganja kept in bags which on being tested was detected as Nepali Ganja. Driver of the said truck also confessed it to be Ganja. In rest of the 340 bags laden on the truck there was tea leafs weighing 11300 grams. Driver of the truck Kamala Singh also disclosed that he was offered Rs. 10,000 / - as rent and the owner of the Ganja has told him to meet him at Unnao on 24.10.2000. With the aforesaid allegations the complaint was laid in the Court by the complainant as offences mentioned above were disclosed against the accused Kamala Singh.

(3.) In the said complaint case accused Kamala Singh moved his bail application which was rejected by Additional Sessions Judge, Court No. 4, Azamgarh vide his order dated 12.12.2000. Accused then filed his bail application in this Court being Criminal Misc. Bail Application No. 588 of 2001 Kamala Singh v. State of U.P. which came up for disposal before Hon'ble S.K. Agarwal, J. His Lordship finding conduct of the Circle Officer (CO City) to be dubious ordered for an inquiry vide his order dated 9.4.2001.