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2022 Supreme(Cal) 574

BIBEK CHAUDHURI
Nand Kishore Rai – Appellant
Versus
Central Bureau Of Investigation – Respondent


Advocates appeared:
Mr. Milon Mukherjee, Sr. Advocate, Mr. Santanu Talukdar, Advocate, for the Appellant; Mr. Pulakesh Bajpayee, Advocate, for the Respondent.

JUDGMENT

Bibek Chaudhuri, J. - By filing two appeals against the same judgment and order of conviction and sentence, appellants Nand Kishore Rai and Smt. Bandana Rai have assailed the judgment passed by the court below in Special Case no. 12 of 2013. Both the appeals were heard analogously and are being disposed of by the following composite judgment.

2. In Special Case No.12 of 2015 arising out of RC Case No.3A of 2013 both the appellants were found guilty to the charge under Section 13(1)(e) of the Prevention of Corruption Act read with Section 109 of the IPC and appellant Nand Kishore Rai was sentenced to suffer imprisonment for six years and with fine and default clause. Appellant Smt. Bandana Rai is sentenced to suffer imprisonment for two years for committing offence under Section 109 of the IPC with fine and default clause.

3. Undisputedly, appellant Nand Kishore Rai was a superintendent of Customs (preventive), Nepal and Bhutan unit. He was posted at Customs House, Kolkata. It is the allegation of CBI that the said Nand Kishore Rai amassed assets disproportionate to his known source of income. The defacto complainant gathered information that a case being RC- 01(A)/2013/AC-I

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