NANDA KISHORE PRASAD SINHA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) ALL the three cases being inter -linked and the parties therein being same they are heard together and a common Order is passed hereunder.

(2.) M /s. Jayanta Pharma Agency is the C. and F Agent of M/s. Orissa Drugs and Chemical Limited, Bhubaneswar (hereinafter referred to as 'O.D.C.L.) for whole of Pondichery State. As per the agreement M/s. Jayanta Pharma was entitled to C. and F. Commission of 4% from O.D.C.L. for depot maintenance. As Commission M/s. Jayanta Pharma Agency was to get a sum of about Rs. 32 lakhs from O.D.C.L. to collect the said commission Shri A. K. Kotadia the proprietor of M/s Jayanta Pharma Agency contacted Shri N. K. Prasad Sinha, the then in -charge M.D. of O.D.C.L. It is alleged that on 6.5.2003 when Shri Kotadia contacted the in -charge M.D. of O.D.C.L. for release of the aforesaid commission, he demanded Rs. 10,000/ - for releasing a part of the commission and instructed him to pay the same in his house at V.S.S. Nagar, Bhubaneswar. So, Mr. Kotadia lodged a complaint against Shri Sinha on the basis for which F.I.R. No. RCBHU 2003A0009 dated 6.5.2003 was registered by the C.B.I. A case -bearing No. RC09 (A)/2003 was registered against Shri Sinha on the basis of the said F.I.R. which corresponds to T.R. No. 1/2004 pending before the learned Special Judge, (CBI), Bhubaneswar. Pursuant to such information of Mr., Kotadia a trap was organized by the C.B.I. team. After completion of Investigation final report was submitted under Section 173 the Cr.P.C. on the ground that the evidence available was not adequate to launch the prosecution against the accused since the transaction of giving and taking of Rs. 10,000/ - was not seen/heard by any independent witness or the trap laying officer.

(3.) IN Criminal Misc. Case No. 853 of 2004 accused -N.K. Prasad Sinha challenged the Order of taking cognizance of the aforesaid offence against him. In Criminal Misc. Case No. 1625 of 2004 the Republic of India through the Superintendent of Police, CBI, Bhubaneswar also challenged the said Order on the ground that before obtaining prior sanction as required under Section 19 of the P.C. Act the learned Special Judge, CBI, Bhubaneswar illegally took cognizance of the aforesaid offence against the accused -Shri Sinha.