JUDGMENT :

Apurba Sinha Ray, J.

1. This instant Revisional Application has been filed by the petitioner praying for quashing of the criminal proceeding of Special Case No. 11/16 arising out of ACB P.S. Case No. 11/2016 dated 26.11.2016 under Section 7, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 pending before the Court of Additional District and Sessions Judge, Bench-II, Calcutta, under Section 482 of the Code of Criminal Procedure, 1973. The brief fact of the case is encapsulated as hereinunder.

2. The petitioner is a member of the West Bengal Civil Services (Executive), having qualified in the 2011 examination. He was appointed on 31.01.2014 as Deputy Excise Collector under the Excise Department, Government of West Bengal. After completing his field training at Malda, he was posted at Canning Range, South 24-Parganas by notification dated 30.06.2015. According to him, during his tenure he discharged his duties sincerely and there were no adverse remarks against him.

3. On 05.10.2016, he was directed to undergo training at Swami Vivekananda State Police Academy, Barrackpore along with newly recruited officers. He sought exemption on medical grounds, enclosing medical reports and recommendations from the Collector of Excise and Joint Commissioner (Training). His prayer was rejected. He joined the training on 01.11.2016 but during the course of physical drill he suffered severe spinal pain and was advised rest by doctors of Calcutta Medical College and P.G. Hospital.

4. On 26.11.2016 at about 10:10 p.m., he was arrested by the Anti-Corruption Branch (ACB), West Bengal, on the basis of a written complaint alleging demand of Rs.1,00,000/- as illegal gratification for facilitating a bar-cum-restaurant licence at Diamond Plaza, Jessore Road, which falls outside his territorial jurisdiction. A case was registered under Sections 7, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. Charge sheet was submitted on 24.01.2017.

5. The petitioner contends that no preliminary enquiry was conducted; the alleged tainted money was not recovered from his possession; and the investigation was conducted contrary to the Government Notifications governing the functioning of the ACB. He further relies on RTI replies from the office of the Joint Commissioner of Police and PWD authorities stating that on 26.11.2016 (fourth Saturday) the New Secretariat Building was closed and that the complainant did not enter the building on the alleged dates. Applications for discharge under Section 227 Cr.P.C. and for dropping of proceedings were rejected by the Learned Additional District & Sessions Judge, Bench-II, Kolkata. Being aggrieved, the petitioner has filed the present revisional application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the criminal proceeding.

6. The petitioner challenges the proceeding primarily on the ground that the sanction for prosecution was granted mechanically without proper application of mind and without examining the materials, rendering the cognizance bad in law.

7. It is further contended that the ACB had no authority to register and investigate the complaint in absence of assignment by the P & AR Department as required under the relevant Government Notifications, and that no preliminary enquiry was conducted before registration of the FIR against a public servant.

8. The petitioner asserts that there is no proof of demand or acceptance of bribe, that the alleged tainted money was not recovered from his person, and that there was no audio or video evidence to substantiate the prosecution case. He also contends that the alleged place of licence falls outside his jurisdiction and that there was no pending application before him.

9. Reliance is placed on RTI documents to contend that the ACB office was closed on the relevant date and that the complainant did not enter the New Secretariat Building, thereby casting serious doubt on the genesis of the complaint.

10. It