OM PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioners seek quashing of the entire prosecution with respect to Special Case No. 4 of 2003 arising out of C.B.I./ACB PS. Case No. RC PAT 2003A 003 dated 28.2.2003 as well as the order dated 27.10.2005 passed by the Commissioner of Customs, Patna whereby the sanction of prosecution has been granted and also the order taking cognizance dated 19.12.2005 passed by the Special Judge, C.B.I., North Bihar, Patna, by which cognizance of offence has been taken under Sections 120B, 406, 409, 467, 468, 471 and 201 of the Indian Penal Code and Sec. 13(1) (c) read with Sec. 13(2) of the Prevention of Corruption Act, 1988.

(3.) THE prosecution case is that on 27.11.1998 Md. Abdullah the then S.D.P.O. in Bihar Police, Farbesganj seized a Tata Sumo vehicle from which 7360 meters Chinese labelled silk cloth were recovered. The said seized consignments were handed over to one Manoj Prasad, Inspector of Customs on 27.11.1998. Thereafter, on the verbal orders of co -accused Swatantra Kumar, the said Manoj Prasad handed over the seized consignments to the petitioner Om Prakash, Inspector of Customs on 28.11.1998 at Bhim Nagar in presence of Swatantra Kumar and the petitioner Anil Kumar Prasad, Inspector of Customs. Thereafter on 28.11.1998 these two accused persons alongwith another co -accused Helal Ahmad, Superintendent of Customs, gave requisition letter to Md. Abdullah, SDPO, Farbesganj requesting him to change the quality of seized consignments from silk to polyester on the basis of trade opinion obtained from two cloth traders. Md. Abdullah in connivance with accused Om Prakash changed the name of seized items in presence of these petitioners and other co -accused. During the course of investigation, it was found that the trade opinion has been obtained from fictitious persons and further there was no official requisition for obtaining trade opinion. It was further found during the course of investigation that traders are also non -existing persons.