STATE OF RAJASTHAN Vs. BABULAL AND ANR.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present revision petition has been filed on behalf of the petitioner State being aggrieved of the order dated 18.3.2002 passed. by the learned Special Judge (Prevention of Corruption Act Cases), Jodhpur discharging the respondents from the offences under Sec. 7 read with 13(1)(d)(2) of the Prevention of Corruption Act.

(3.) Briefly stated the facts of the prosecution story are that the then Additional S.P., ACB, Ajmer conducted the search of Sales Tax Outpost Mawal, District Sirohi and it is said that certain currency notes to taling in all Rs. 3,840.00 were found at the said outpost where the respondent No. 1 Babu Lal was working as U.D.C. and respondent No. 2 Kundan Singh was working as L.D.C. It is said that the Additional S.P. concluded that the respondents had taken illegal gratification from the truck owners in lieu of the receipts and thus, the respondents had committed the offences under Sec. 7 read with 13(1)(d)(2) of the Prevention of Corruption Act. Accordingly, the F.I.R. No. 246/1999 was registered and investigation commenced. At the conclusion of the investigation, a charge-sheet was filed against the respondents for the offences mentioned above. The learned Special Judge by the impugned order whilst considering the question of charges proceeded to discharge the respondents from the offences proposed by the prosecution.