VEER SINGH YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, a challenge is made to the FIR No. 72/2015 registered with Police Station ACB, Alwar -2.

(2.) Learned counsel submits that petitioner had gone to Karauli on 13.04.2015 to complete urgent work. He remained there from 10.30 AM to 1.00 PM. He then proceeded to Jaipur to attend government case. The petitioner was called to give details about a file which was sent to the Minister and later on could not be traced out. After the court hours, he went to visit his nephew Manoj residing in Jaipur. He was given Rs. 2.5 lacs to be delivered to the younger brother Surendra at Alwar. The petitioner proceeded to Alwar by car. The Anti -Corruption Bureau (in short "ACB") trapped the petitioner and asked about the amount recovered from him. It was properly explained and to confirm the aforesaid, a conversation was made with Surendra. The case was yet registered against the petitioner for offence under Ss. 13(1)(d)(e) & 13(2) of Prevention of Corruption Act, 1988 (in short "the Act of 1988"). It was in ignorance of the explanation given by the petitioner.

(3.) Learned counsel further submits that after the trap, the ACB made a search of accused's house but nothing objectionable was found to show disproportionate assets. The prosecution even made inquiry with the revenue authorities to find out movable and immovable property of the petitioner. The Tehsildar thereupon sent a report showing no property in the name of the petitioner other than one ancestral property. Thus nothing adverse was found against the petitioner during the search and on further inquiry. The explanation of Rs. 2.5 lacs was given, hence no case is made out against the petitioner.