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2013 Supreme(Del) 1550

SUNIL GAUR
Anup Kumar Srivastava – Appellant
Versus
State Thr. CBI – Respondent


Advocate Appeared:
For the Petitioner:S.K. Rungta, Sr. Advocate with Ms. Pratiti Rungta, Sumit Pargal, Prashant Singh, Advocates.
For the Respondent:Ms. Sonia Mathur, Standing Counsel for CBI with Sushil Kumar Dubey, Advocate, R.L. Yadav, Investigating Officer.

Judgment :

1. Vide impugned order of 8th November, 2012 petitioner alongwith his co-accused has been charged for committing offences under Section 120-B of IPC read with Sections 7, 12 and 13 (2) read with Section 13 (1) (d) of The Prevention of Corruption Act, 1988.

2. Petitioner was Commissioner (Excise), Delhi who had purportedly conspired with his co-accused-Lallan [Superintendent (Central Excise), New Delhi] and one Hemant Gandhi in getting illegal raid conducted on 28th December, 2011 at the premises of co-accused-Dalip Aggarwal and Anand Aggarwal to obtain bribe of Rs. 60 lac. On basis of source information, a trap was laid on 2nd January, 2012 at the parking of the office of Lallan, Superintendent (Central Excise), New Delhi where an amount of Rs. 3 lac had been kept by one Dalip Kumar, driver of aforesaid Superintendent (Central Excise) in a car (which was registered in the name of wife of Superintendent-Lallan) and in the presence of two independent witnesses, the aforesaid bribe amount was recovered.

3. Upon registration of the case, during the course of investigation, recording of 96 intercepted phone calls containing conversations between the accused persons relating





















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