P.K.MUSAHARY
Nalin Chandra Buragohain – Appellant
Versus
State of Assam – Respondent
P.K. Musahary, J.
1. Heard Mr. P. Kataki, learned counsel for the petitioner. Also heard Mr. K. Munir, learned Addl. P.P., Assam, for the opposite party. This is an application filed under Section 482 Cr.P.C. challenging the legality and validity of the order dated 29.4.2005 passed by the learned Special Judge, Assam at Guwahati, in Special Case No. 3(A)/2001 whereby the charge under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 have been framed against the petitioner.
2. The prosecution case, in short, is that an enquiry being RE No. 26(5)/88, was conducted by the Vigilance and Anti Corruption Organisation (hereinafter called as VACO, in short) against the accused petitioner and in the enquiry, it was found that he acquired huge assets (movable/immovable) which are prima-facie, disproportionate to his known and legal sources of income. Accordingly, the ACB P.S. case No. 3/1992 under Section 13(1)(e)/13(2) of the P.C. Act, 1988 was registered, at the instance of the Government of Assam and the case was investigated into.
3. During investigation, the petitioner's house was searched and many documents relating to LIC/UTI, Bank account etc. an
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