SURENDRA KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Above mentioned revision petition, filed under Section 397 read with Section 401 of the Code of Criminal Procedure (hereafter referred to as 'the Code'), is directed against the order passed by the Special Judge, Prevention of Corruption Act Cases, Ajmer, in Special Sessions Case No. 2/2011, on 5.9.2011, whereby petitioner's application filed under Section 219 of the Code, had been dismissed. Briefly stated facts of the case are that on 6.8.2010, a secret information was received by Anti Corruption Bureau, Ajmer, to the effect that Mr. Surendra Kumar Sharma (petitioner herein), the then Deputy Manager, Quality Control, Rajasthan Cooperative Dairy Federation, Ajmer, as such working as Public Servant, had collected an illegal commission from Suppliers and Firms, and was carrying said money to the tune of Rs. 1 lac and odd, in his Wagon R Car No. RJ 01 1C 2939. On receipt of said information, the Additional Superintendent of Police, along with his team, intercepted the vehicle driven by the petitioner, in the presence of independent witnesses, and found a sum of Rs. 1,02,500/-, for which petitioner could not give satisfactory explanation. In the car itself, the Additional Superintendent of Police also found some transaction slips with a white envelope, having endorsement of Ambika Trading Company.

(2.) Finding the case to be prima facie made out, FIR No. 241/2010 was registered and thereafter search of his house situated at 1-Kh-6, Vaishali Nagar Housing Board, Ajmer was made on the information that he was holding disproportionate assets in the name of his wife, relatives and himself. Search was made, wherein property worth Rs. 4 crore plus, as also 10 kilo 900 gram gold was found. Second FIR No. 242/2010 was registered for his having disproportionate assets.

(3.) After a while, third FIR No. 256/2010 also came to be registered. The learned trial Court opened the case arising out of FIR No. 241/2010, wherein besides the petitioner, other accused persons are his colleagues in the Cooperative Dairy, who have been booked for criminal conspiracy besides other offences. In this case, about 5 witnesses have already been examined.