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2001 Supreme(Cal) 602

NARAYAN CHANDRA SIL
Bappaditya Roy – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Mr. Sekhar Basu for the Appellant
Mr. R.P. Bhattacharya for the Respondent

JUDGMENT

The present revisional application under Section 482 of the Code of Criminal Procedure, 1973 was directed for quashing the proceeding in Special Case No.3 of 2000 pending before the learned Additional Sessions Judge, First Court, Nadia-cum-learned Special Court under Prevention of Corruption Act, 1988 and all orders passed therein including the orders dated 1.3.2000 and 21.11.2000 arising out of Kotwali Police Station Case No. 13 dated 12.1.1999.

2. It is the allegation of the prosecution that the petitioner, Bappaditya Roy while holding the post of Sub-Divisional Controller, Food and Supply, Krishnanagar was caught red handed at the time of receiving bribe of Rs. 5,000/- from one Paritosh Karmakar. The case was instituted against him for committing offence under Sections 7/13 of the Prevention of Corruption Act, 1988. After investigation chargesheet was submitted along with purported sanction order being No. CON-69/FS dated 14.2.2000 issued by Mr. Dipak Rudra, the Commissioner, Food and Principal Secretary, Food and Supplies Department, Government of West Bengal. The petitioner challenged the propriety of the said sanction order inasmuch as the Commissioner Food and Princi




























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