JUDGMENT

K.S. Radhakrishnan, J. –

1. We are, in this appeal, concerned with the question whether the pardon granted by the Metropolitan Magistrate, Tis Hazari, Delhi, under Section 306 Cr.P.C. to the second Respondent, against whom R.C. No.15(A) 96 DLI dated 29.2.1996 under Section 7 of the Prevention of Corruption Act, 1988 was registered by the Central Bureau of Investigation, is legally sustainable.

2. The Central Bureau of Investigation (CBI) registered R.C. No.15(A) 96 DLI dated 29.2.1996 under Section 7 of the Prevention of Corruption Act, 1988 (for short "PC Act") on receipt of a written complaint on 29.2.1996 from Gulshan Sikri, proprietor of M/s Filtrex India, Nangal Raya, New Delhi, against P.C. Mishra, the then Assistant Commissioner of Sales Tax (Appeals), Appellant herein, for demanding Rs.4,000/- as bribe for settling the appeal filed against the order of Sales Tax Officer.

3. CBI, on 1.3.1996, laid a trap and the accused, PC Mishra, and his Reader Ravi Bhatt, second Respondent herein, were caught red-handed while demanding and accepting the bribe from the complainant. Both the accused persons were arrested by the CBI on 1.3.1996 and, during the course of investigation,