SURENDER PAL SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner, who is the Commissioner of Central Excise and Customs at Visakhapatnam, filed this petition under Section 438 Cr.PC, seeking pre-arrest bail in Crime No.RC 7(a) of 2001 of the Central Bureau of Investigation, Visakhapatnam.

(2.) The petitioner is the first accused in the aforementioned crime registered on 9-3-2001 under Section 120(B)IPC and Sections 8, 10, 13(2) read with 13(l)(d) of Prevention of Corruption Act, 1988.

(3.) Briefly stated, the case of the prosecution is as under: On receiving reliable information that the petitioner is indulging in corrupt and anti-national activities by abusing his official position, the CBI had obtained permission from the Ministry of Home Affairs to monitor his telephone conversations and kept surveillance on his mobile phone through TATA Cellular Service, Hyderabad. During the course of such monitoring and also through reliable source, the CBI received information to the effect that the petitioner, by abusing his official position, has entered into a criminal conspiracy with one Sri Kamaraju of M/s. Vasavi Group of Industries, Hyderabad (A2) to do official favour in the matter of adjudication of evasion of excise duty, pending before him, relating to Saritha Synthetics Limited represented by the said A2.