B K SAHOO Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Applicant has filed this revision against the order dated 1.4.2011 passed by Special Judge C.B.I., Bhopal in Special Case No. 1/2011, whereby the application filed by him under Section 300 (1) read with Section 245 of the Code of Criminal Procedure dated 14.3.2011 has been dismissed.

(2.) Briefly stated the facts of the case are that applicant was posted as Chief Medical Officer in Composite Hospital, BSF Academy, Takenpur, Gwalior (M.P.). On the basis of a complaint dated 9.3.2002 submitted by Mr. Jagir Singh Shran, Commandant, BSF Academy Takenpur, Camp at New Delhi about the recovery of a huge cash by the Board of Officers of BSF, amounting to Rs. 49, 35, 500/- from Quarter no. 383, Sector-VII, Pushp Vihar, New Delhi, kept in two suit cases which were concealed by the applicant, a case was registered by C.B.I./A.C.B/ New Delhi. It is alleged that accused Dr. Sahoo disclosed that he had concealed the ill-gotten money in two suit cases in the residential premises of Sh. Ramesh Sharma, Assistant Commandant, BSF and on the basis of above disclosure at the instance of Dr. Sahoo, it was recovered. On opening of the suit cases by Dr. Sahoo in presence of Board Members and Officers of BSF, an amount of Rs. 49, 35, 500/- was recovered. It was seized and sealed by BSF Officials. On an enquiry by the BSF Authorities Takenpur, it was revealed that Dr. B.K.Sahoo had been taking illegal gratification from various candidates desirous of recruitment in BSF as Constables and that he had concealed the said money in the aforesaid suit cases at the residence of Sh. Ramesh Sharma, Assistant Commandant. In these circumstances, SP/CBI/ACB registered the case and arrested the applicant Dr. Sahoo. During investigation, various documents relating to the assets acquired by Dr. Sahoo, his wife and family members were seized. Since, the assets found in the possession of Dr. Sahoo were disproportionate to the known sources of his income, the offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for brevity 'the Act') was registered. After obtaining the sanction, charge sheet has been filed.

(3.) Since, Dr. Sahoo, under a conspiracy with other accused persons was found to have dishonestly issued forged medical fitness certificates for grant of fake admit cards for the selection of desirous candidates in BSF after obtaining the illegal gratification and other pecuniary advantage, cases under Sections 420, 468, 471 read with Section 120-B of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Act were also registered.