SUPERINTENDENT OF POLICE C B I Vs. TAPAN KR SINGH

JUDGEMENT

(1.) The Union of India, Superintendent of Police, Central Bureau of Investigation and other officers of the said Bureau have come up in appeal against the judgment and order of the High Court of Judicature at Calcutta dated February 28, 1992 in Criminal Revision No. 1913 of 1990 whereby the High Court while allowing the revision petition quashed the investigation on the basis of G. D. Entry No. 681 as also the First Information Report recorded on October 20, 1990. It further quashed R. C. Case No. 51 of 1990 under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act. Consequently it also quashed the search and seizure effected on October 18, 1990 and directed that the money and articles seized be returned to the person from whom they were seized.

(2.) The brief facts of the case are as follows :- On October 17, 1990 the Superintendent of Police, Central Bureau of Investigation (S.P.E.) (A.C.B.), Calcutta received information from reliable source on telephone that respondent, who was then Director (Personnel), Eastern Coal Fields Limited, was a corrupt officer in the habit of demanding and accepting illegal gratification, had demanded and accepted a sum of rupees one lakh which he was carrying with him while going to Nagpur by Gitanjali Express on October 17, 1990. Since the parties have advanced arguments before as on the question whether the said report could be treated to be an information within the meaning of Section 154 of the Code of Criminal Procedure, it is convenient to reproduce the General Diary Entry No. 681 of October 17, 1990 in extenso which is as follows :-

(3.) As would be apparent from the said G.D. Entry, the Superintendent of Police, C.B.I. discussed the matter with D.I.G., C.B.I., Calcutta but since there was no time for further verification into the matter, the Superintendent of Police, C.B.I. decided to leave for Nagpur by Gitanjali Express with a view to intercept the respondent and take further necessary action. In the said G.D. Entry it is stated that the Superintendent of Police, C.B.I. left with a team of C.B.I. officers and that the action was taken as per the provisions of Section 157 of the Code of Criminal Procedure.