SOUMEN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE order dated 29.01.2004 passed by the learned Judge (Special) C.B.I. Court, Siliguri in Special R.C. Case No. 3/13 pending before the learned Judge, (Special) C.B.I. Court, Siliguri refusing to discharge the petitioner has been assailed.

(2.) THE prosecution case as alleged is as follows: -

(3.) MR . Basu, learned Senior Counsel, appearing on behalf of the petitioner, submitted that the police report in the instant case was not prepared and signed by the Superintendent of Police as required under paragraph 19.15 of the C.B.I. Manual. He submits that failure to do so rendered the police report invalid in law in as much as the same is required to be prepared and signed personally by the Superintendent of Police himself. He relied on : (2007)1 SCC 110 (M.C. Mehta (Taj Corridor Scam) vs. Union of India & Ors.) in support of such submission. He further submitted that sanction order was also invalid inasmuch as there was no materials were produced before the learned Judge that the procedure for sanction as laid down in paragraph 22.15 of the C.B.I. Manual had been adhered to.