Siddhartha Chattopadhyay, J. - (1.) The accused petitioner prayed for quashing of proceedings in Special Case No. 25 of 2003 arising out of C.B.I. case vide R.C. 35 (A) 2002/ACB/Kol under Section 7 of the Prevention of Corruption Act 1988, on the ground that the order dated 31.03.2014 is erroneous.
(2.) According to the petitioner, the impugned order passed by the learned Special Judge is erroneous because he had not applied his mind and without appreciating the materials on record he has rejected his application under Section 239 of Cr.P.C. and framed the charges against the accused petitioner.
(3.) This case has a chequered history. Before lodging the F.I.R. the defacto complainant informed the C.B.I. authority that the accused petitioner had demanded Rs.8,000/- for the passing of his bill to the tune of Rs.44,000/-. According to him, pursuant to the demand made by the appellant, the de-facto complainant had supplied the articles to the said authority. But the said authority did not pay the dues in terms of the agreement. Times without number the de-facto complainant requested the accused for clearing his bills but the accused petitioner demanded Rs.8,000/- as bribe. Being aggrieved at it, he informed the C.B.I. authority. The said authority initially prepared a memorandum of pre-trap. After getting the complaint from the de-facto complainant the O.C., C.B.I. had called witnesses over telephone which includes bank officials and other Central Government Employees and also local witnesses. Phenolphthalein powder associated with sodium carbonate was put in the currency notes and the members of the raiding party present there were asked to touch the said currency notes. Thereafter, their hands were washed out and at that time the colour of the water turned pink. The Investigating Officer has seized the bottle wherein Phenolphthalein powder was kept. Thereafter he put the solution to a bottle and place cork on it. They have held a meeting between them as to how the operation would be conducted. Thereafter, the de-facto complainant, went to the chamber of the petitioner to bribe him. After seeing him, the petitioner asked him whether he has brought the money or not. When the reply was affirmative he took the currency notes from him and in the meantime the C.B.I. personnel encircled him. The hands of the accused were washed in the same manner and colour of his hands became pink. After that post-trap memorandum was prepared, and accordingly the O.C. concerned has lodged the F.I.R. and set the law into motion.;