G S R SOMAYAJI Vs. STATE

JUDGEMENT

(1.) The petitioner assails the order dated 28-6-2001 passed by the learned Special Judge for C.B.I. cases, Hyderabad, in Cri. M.P. No. 148 of 2000 in C.C. No. 17 of 1999.

(2.) The petitioner is the accused in C.C. No. 17 of 1999 filed by the C.B.I. for the alleged offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 ('the Act, 1988' for brevity).

(3.) The factual matrix germane in the context for better understanding of the matter and for eventual adjudication may be stated thus : The petitioner accused has been working as Regional Chief, Housing and Urban Development Corporation Limited, a concern totally owned by the Government of India. Basing on a complaint dated 27-6-1998 received from one Dr. C. Suresh against the petitioner, a case in Crime No. 10/ACB-CR/98 had been registered by the Anti Corruption Bureau of the State of Andhra Pradesh and the agency laid a trap against him. The trap was successful and the bribe amount of Rs. 4,00,000/- said to have been received by the petitioner when offered by the complainant on demand by the petitioner was recovered. Thereupon under a letter No. 83/RCT Crime/98 dated 29-6-1998 addressed by the Director General of Anti-Corruption Bureau, the case had been transferred to the CBI on the point of jurisdiction since the petitioner is a Central Government employee, and the latter upon receiving the same registered the case in RC.21(A)/98/CBI/Hyderabad under Sections 7, 13 (2) read with Section 13(1)(d) of the Act, 1988; continued the investigation, examined the witnesses; and after having obtained necessary sanction from the competent authority eventually laid charge sheet before the Special Court for CBI cases at Hyderabad, against the petitioner.