SURENDRA KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The applicant has preferred the present application seeking his release on bail under Sec. 439 read with Sec. 167(2)of Crimial P.C., in respect of the FIR No. being No. 242/10 registered at Police Station ACB, Ajmer for the offence under Sec. 13(1)(e) read with Sec. 13(2) of the Prevention of Corruption Act (hereinafter referred to as "the P.C. Act").

(2.) Before dealing with the contentions made by learned advocates for the parties it would be beneficial to narrate certain facts giving rise to the present application.

(3.) It transpires from the documents on record that the applicant while working as Dy. Manager, (Quality and Control), Rajasthan Cooperative Dairy Federation, Ajmer, was allegedly intercepted by the Addl. Superintendent of Police, ACB, Ajmer on 6.8.2010, when he was about to leave his office and that on the search of his car bearing Registration No. RJ-01-1C-2939, a cash amount of Rs. 1,02,500.00 was found in one envelop lying on the desk-board of his car and cash amount of Rs. 6,410.00 was found from his purse, for which he could not give satisfactory explanation. It further appears that in respect of the said incident an FIR was registered against him being No. 241/10 for the offence under Sec. 13(1)(d) read with Sec. 13(2) of the P.C. Act. It further transpires that on the same day a search was made at residential premises of the applicant at Vaishali Nagar, Housing Board, Ajmer and a cash amount of Rs. 1,15,42,690.00 and some FDRs running into lacs of rupees, and also some ornaments worth around Rs. 15 lacs were allegedly found, in respect of which another FIR being No. 242/10 was registered at P.S. ACB, Ajmer for the offence under Sec. 13(1)(e) read with Sec. 13(2) of the P.C. Act on 7.8.2010. It is pertinent to note that the applicant was not arrested by the ACB in either of the said two cases at the relevant time. It further transpires that one another case was also registered against the applicant for the offence under Sec. 17 and 54 of the Excise Act on he having found to have possessed huge quantity of liquor illegally and was arrested in the said case.