SURYA KANT, J. K. MAHESHWARI
Central Bureau of Investigation – Appellant
Versus
Santosh Karnani – Respondent
| Date | Event |
|---|---|
| October 2023 | Training and updating of the assistant on legal concepts including ratio decidendi, conclusion, and summary (!) |
JUDGMENT :
Surya Kant, J.
1. Leave granted.
2. The Appellants in the two Criminal Appeals, the Central Bureau of Investigation & Rupesh Balwantbhai Brambhatt (hereinafter, “complainant”) respectively, are aggrieved by the order dated 19th December, 2022 passed by the High Court of Gujarat at Ahmedabad allowing the anticipatory bail application filed by Respondent No. 1 in connection with FIR registered as C.R. No. RC0292022A0011 of 2022 before CBI/ACB/Gandhinagar Police Station, District Gandhinagar for the offence under Section 7 of the Prevention of Corruption Act, 1988 as amended in 2018.
BACKGROUND
3. The complainant is a businessman engaged in the construction business that goes by the name: Safal Construction Pvt. Ltd. In February 2019, Respondent No. 1, an IRS Officer, posted as Additional Commissioner of Income Tax, Ahmedabad, conducted a survey for the financial year 2018-19 under Section 133A of the Income Tax Act, 1961 against Safal Construction Pvt. Ltd. whereunder the group disclosed an additional income of Rs. 50 crores.
4. Thereafter, in September 2021, search and seizure action was initiated by the Investigation Wing of Income Tax Department, Ahmedabad against Safal Con
Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 [Para 21] – Referred
D.K. Basu v. State of W.B. AIR 1997 SC 610 [Para 17] – Referred
Dolat Ram v. State of Haryana (1995) 1 SCC 349 [Para 21] – Referred
Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565 [Para 22] – Relied
Lavesh v. State (NCT of Delhi) (2012) 8 SCC 730 [Para 19] – Referred
Prem Shankar Prasad v. State of Bihar 2021 SCC OnLine SC 955 [Para 19] – Referred
Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694 [Para 22] – Relied
State of Madhya Pradesh v. Pradeep Sharma (2014) 2 SCC 171 [Para 19] – Referred
State Rep. By The CBI v. Anil Sharma (1997) 7 SCC 187 [Para 19] – Referred
Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1 [Para 23] – Relied
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