1. An interesting question which falls for my consideration in these criminal applications is: what is the meaning of the expression ‘cases involving arrest of a person on the spot’ which is used in section 6-A(2)?

2. Both the applicants have filed these applications to quash R.C. Case No. BA1/2010/A0006 dated 18th February, 2010 registered by CBI against the applicants under sections 7 & 8 of the Prevention of Corruption Act, 1988.

3. Applicant Manjit Singh Bali in Criminal Application No. 1913 of 2010 was holding the post of Chief Post Master General, Maharashtra & Goa at Mumbai from August, 2008. It is an admitted position that the said post was of the level of Additional Secretary to the Government of India. A case was registered against the said applicant Manjit Singh Bali on 18/02/2010 on the basis of letter written by the complainant dated 16/02/2010. Brief background regarding the said case is as under:-

The complainant one Smt. Rita Subhash Shah visited applicant’s office in the second week of December, 2009 demanding grant of No Objection Certificate (NOC) for a particularly property (hereinafter referred to as “the said property”) in Mira Bhayander which was reserved for Department of Posts. The Post Master General, Mumbai Region sent the case file in third week of December to the applicant recommending issuance of NOC in the case. There were five other plots reserved for the Department of Posts in different localities of Mira Bhayaner area and, therefore, the applicant sent the file back and requested that integrated view be taken for the whole area.

According to the complainant, in January, 2010 one Mr. Harsh Dalmia, who is the applicant in Criminal Application No.2013 of 2010, alongwith the complainant visited office of the applicant Mr. Bali and made a request for release of NOC on the said property. However, the applicant said that the Department was examining the proposal of acquiring the said land and a decision would be taken soon. Thereafter, in the month of February, 2010 the case was again submitted to the Post Master General, Mumbai, recommending issuance of NOC on the basis of recommendations of the Divisional Superintendent of Post Offices of that area wherein the property was situated. The file, however, was returned to the Post Master General since the details of the integrated plan etc. were not given. A complaint was made by the complainant by writing a letter to the CBI dated 16/02/2010. On 17/02/2010, complainant visited office of the applicant alongwith Mr. Harsh Dalmia, Mr Arun Dalmia and another person who was introduced as Mr. Pravin Trivedi, the interested developer of the plot. Applicant was asked to expedite the decision since the matter was pending for a year. On 18/02/2010, the CBI took cognizance of the letter of the complainant and registered FIR against the applicant. Applicant approved the proposal on 24/2/2010. However, he listed certain additional relevant conditions. According to the complainant, Mr. Harsh Dalmia, co-accused approached the applicant. After a few moments, another person approached the applicant and stated that a bag had been kept in the dicky of the applicant’s car and further stated that the bag contained Rs 2 crore and, thereafter, he identified himself as CBI Officer. Applicant was taken into custody. According to the applicant, he was kept in the said Restaurant till the next morning and, thereafter, he was produced by the CBI before the Sessions Court in the evening at about 5.00 P.M., seeking police custody for 10 days. Remand was granted on 03/03/2010. The Special Judge remanded the applicant Mr. Bali to judicial custody till 15/03/2010 and on 12/03/2010 the applicant Mr. Bali was released on bail.

4. Applicant No.1 in Criminal Application No. 2013 of 2010 is the Chief Operating Officer of Watermark Financial Consultants Limited (“WFCL”). Applicant No.2 is the Chairman of WFCL.

5. Mr. Mundargi, the learned Senior Counsel appearing on behalf of the ap