The main legal point established in the judgment is the requirement of sanction under Section 19 of the P.C. Act and Section 197 Cr.P.C. for the offences punishable under Section 120-B of I.P.C. and Section 12 of the P.C. Act.

Heard. Admit. Heard finally by consent.

2. By this application, the applicants have challenged the correctness and legality of the order dated 06.08.2015 passed by the Special Judge, Panaji in Special Case No. 1/2013 thereby directing framing of charge for offences punishable under Section 120-B of I.P.C. and Section 12 of the Prevention of Corruption Act, 1988.

3. Applicant No. 1, is a Commissioner of Customs and Central Excise, Bangalore and applicant no. 2 is the Inspector of Central Excise, Goa. Applicant no. 1, was facing an enquiry on the allegation that he together with some other persons during the period of the year 1996-97, colluded with some of the firms and purchased 48 ready flats for Customs Department, Goa at an exorbitant cost of Rs.3,55,69,150/-, which amount was much higher than the actual market rate and thereby committed gross misconduct and caused loss of Rs.1,04,00,000/- to the Department. Because of pendency of this enquiry, applicant no. 1 faced some difficulty in securing promotion to a higher post without any delay and was desirous of some how or the other getting it closed. He, therefore, sought help of applicant no. 2, who knew the enquiry officer, Shri R.A. Yadav, Police Inspector, C.B.I., Goa, for the said purpose.

4. On 24.09.2002, applicant no. 2 met Shri R.A. Yadav and told him that applicant no. 1 was desirous of closure of the enquiry against him and he wanted to meet him in Ruchi Restaurant on 25.09.2002 and give him money for showing favour to applicant no. 1 by closure of the enquiry. As Shri R.A. Yadav was unwilling to accept the money, he lodged a complaint on 25.09.2002 against both the applicants with the Superintendent of Police, C.B.I., Goa. It was decided to lay a trap on 25.09.2002 at Ruchi Restaurant and catch both the applicants red handed. There was a meeting between Shri R.A. Yadav, the complainant and the applicants on 25.09.2002 as planned at the said restaurant. There was, however, no money delivered to the complainant in that meeting and that only offer to pay amount of Rs.1,00,000/- was made by applicant no. 1 to the complainant. Applicant no. 1 told the complainant that he was not having then any money and was also going to Bangalore the next day. Applicant no. 1 then enquired from the complainant, if, the amount could be paid through applicant no.2. Applicant no. 2 told the complainant then that he would explain the things later by calling him on telephone. With this, the meeting was over and its panchanama was drawn out. Thereafter, in the night of the same day, applicant no. 2 telephonically called up the complainant to inform him that he would come to complainant's residence next day morning of 26.09.2002, to which complainant agreed. Again trap preparations were made. Applicant no. 2, as decided, did visit residence of the complainant in the morning of 26.09.2002, but the money transaction did not take place. Applicant no. 2 informed the complainant that he would return with amount of Rs.50,000/- in the afternoon as the amount of Rs.50,000/- was being withdrawn by applicant no. 1 from his bank account and rest of the offer money would be arranged to be fetched from Bangalore.

5. Meanwhile, applicant no. 1 withdrew the amount of Rs.50,000/- from his savings bank account. As promised by applicant no. 2 to the complainant, the applicant no. 2 again visited residence of the complainant in the afternoon of 26.09.2002 and delivered to the complainant the amount of Rs.50,000/-. Members of the raiding party who were hiding and lying in wait, rushed to the hall of the said residence and detained the applicant no. 2, who on enquiry, admitted to giving of the money to the complainant. Further action was taken. Second panchanama was prepared. Investigation was carried out.

6. After completion of investigation, a charge sheet dated 31.10.2003 came to be filed against both the applicants alleging that the applicants entered into a criminal conspiracy to offer bribe of Rs.