CENTRAL BUREAU OF INVESTIGATION Vs. DIBYAJYOTI DUTTA

JUDGEMENT

(1.) Heard Mr. M. Haloi, learned Special Public Prosecutor, CBI for the petitioner. Also heard Mr. S. Borthakur, learned counsel appearing on behalf of the respondent No. 1; Mr. D. Gogoi, learned counsel appearing for the respondent Nos. 2 and 5; and Mr. D. Bora, learned counsel appearing on behalf of the respondent Nos. 3 and 4.

(2.) This is an application under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 against the order dtd. 26/2/2020, passed by the learned Special Judge, CBI, Guwahati in CBI Case No. RC- 01(A)/2019/CBI/ACB/Guwahati, whereby the prayer for recording of voice samples of accused/ respondents was rejected by the learned Special Judge, CBI.

(3.) In brief, it is the case of the petitioner/CBI that the CBI-ACB, Guwahati Branch has registered a case vide Case No. RC017201-9A0001 against Shri Dibyajyoti Dutta (A1), General Manager (Sales) IOC, (AOD), Guwahati; Shri Lalchand Choudhary @ Lalaram (A2); Shri Laxmi Narayan Sogani @ LichuBabu (A3); Shri Tony @ Ankeet (A4); Ms. Bendangnaro Ao (A5); and some other unknown persons under Sec. 120B of the Indian Penal Code read with Sec. 7 (A), 8 and 12 of the Prevention of Corruption (Amendment) Act, 2018 based on source information and accordingly the matter was taken up for investigation. It is alleged in the F.I.R. that the respondent/ Dibyajyoti Dutta, while working as General Manager (Sales), Indian Oil Corporation (Assam Lil Division), Guwahati during the year 2018-19, has entered into a criminal conspiracy with other accused persons, who were officially dealing with him, by abusing his official position and demanded and accepted illegal gratification frequently from private accused persons and other different private businessmen owing Petrol Pump and/or having Kerosene Oil Dealership in connivance with few private firm for showing them official favour in allotment of new Retail Outlets for the places spread all over the Northeast States including the Assam.