RAJENDRA KUMAR PATI Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed under Section 482 Cr.P.C., praying for quashing of the criminal proceeding initiated against the petitioner in T.R. No.24 of 2011, arising out of C.B.I. Bhubaneswar P.S. Case No.RC 015 2009 A 0020, dated 07.8.2009, pending in the Court of learned Special Judge, C.B.I.-I, Bhubaneswar, under Section 13(1)(d) and (e) r/w Section 13(2) of the Prevention of Corruption Act and the order dated 07.12.2013 passed therein, rejecting the application of the petitioner under Section 227 Cr.P.C. for discharge.

(2.) The brief facts of the case is that the petitioner while working as Superintending Geologist in CMPDI Ltd., Bhubaneswar, a subsidiary of Coal India Ltd., was assigned the work of leading a team, consisting of two officers of Indian Bureau of Mines, Nagpur, for check and measurement of coal stock of Mahanadi Coalfields Ltd.('MCL' for short), Talcher. While the petitioner and other two members of the team were camping at Jagannath Area Guest House of MCL, Talcher and conducting coal stock measurement of different collieries since 15.7.2009, the Superintendent of Police, (I/C), C.B.I., Bhubaneswar, received information from reliable source that the petitioner along with two other team members have obtained cash and valuable things as illegal gratification from unknown MCL officials, by threatening them of showing shortage of coal stock in their measurement reports. On the basis of such information, an F.I.R. was registered vide C.B.I. Bhubaneswar P.S. Case No.RC 015 2009 A 0020, dated 07.8.2009, under Sections 7, 11 and 13(2) r/w Sections 13(1)(d) of the Prevention of Corruption Act ('P.C. Act', for short) and Section 120-B I.P.C.

(3.) During investigation, a search was conducted by the C.B.I. officials on 08.8.2009, in Room No.3 (Godavari) of Jagannath Guest House, MCL, Talcher, occupied by the petitioner, in the presence of two independent witnesses. During search, one envelop containing cash of Rs.50,000/- was recovered from the suitcase of the petitioner, for which he could not give any satisfactory explanation. On completion of investigation, the C.B.I., submitted charge-sheet against the present petitioner under Section 13(1)(d) and (e) r/w Section 13(2) of the P. C. Act, for possessing cash to the tune of Rs.29,550/-, which was disproportionate to his known sources of income during the check period from 09.7.2009 to 08.8.2009, after obtaining necessary sanction from the competent authority.