ZILLER RAHIM Vs. SP, CBI/ACB/KOLKATA

JUDGEMENT

(1.) Special (CBI) Case No.63 of 2011 (RC No. 28 (A) of 2007 pending before the learned Judge, Special (CBI) Court, Asansol arising out of RC 0102007A0028 dated 24.07.2007 under section 13(2) read with section 13(1(e) of the Prevention of Corruption Act, 1988 and the order dated 15.07.2013 passed therein rejecting the petitioner's prayer for discharge of the petitioner has been challenged in the instant case.

(2.) The factual matrix of the case is that on the basis of a written complaint lodged by one Sri S. Bhattacharya, Inspector, CBI/ACB/Kolkata on or about 24.07.2007 alleging that during the investigation of RC 0102007A0036 (hereinafter stated as RC 36), the residential premises of the petitioner was searched and it transpired that during the period from 01.01.1996 to 30.07.2003, while he was working in different capacities in the Department of Posts and finally as Assistant Post Master, Raniganj, HO Post Office, Raniganj, Asansol Division the petitioner had amassed assets amounting to Rs.22,21,996.40 in his name or in the name of his wife and children, which was disproportionate to his known sources of income and he was not likely to satisfactorily account for the same and thereby committed offences punishable under section 13(2) read with section 13(1)(e) of the Prevention of Corruption Act, 1988.

(3.) Pursuant to investigation, CBI submitted a charge-sheet against the petitioner in the instant case and cognizance was taken thereon. Thereafter, the petitioner prayed for discharge before the trial court. The trial court by an order dated 15.07.2003 held that there are materials that, prima facie, disclose offences punishable under section 13(1)(e) read with section 13(2) of the Prevention of Corruption Act, 1988 and hence rejected such prayer for discharge. Mr. Bhattacharjee, learned counsel appearing for the petitioner, has assailed the impugned proceeding on the following issues:-