BINA BABU SINGHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. BD Das, learned senior counsel for the petitioner and Mr. D Nath, learned senior Government Advocate for the respondents.

(2.) The petitioner Bina Babu Singha, who was an Assistant Planning Officer in the office of the Deputy Commissioner, Darrang, is sought to be prosecuted under Sec. 7/13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 in connection with ACB PS Case No. 09/2016 registered under Ss. 120B of the IPC read with Ss. 7/13(1)(d)/13(2) of the Prevention of Corruption Act, 1988. As per the complaint made by Pallab Pran Sandilya in a written FIR made on 11/8/2016, the petitioner Bina Babu Singha was caught red handed at about 1.30 p.m. on 11/8/2016 while he was accepting gratification of Rs.15,000.00 from the complainant Pallab Pran Sandilya.

(3.) Accordingly, the investigating authority placed the matter before the Secretary to the Government of Assam in the Transformation and Development Department for grant of prosecution sanction against the petitioner which resulted in the order dtd. 6/8/2022. The relevant paragraphs by which the authorities arrived at its satisfaction for grant of sanction to prosecute the petitioner are extracted as below:-