Court upheld the FIR alleging bribery against a public servant, emphasizing the necessity of substantial evidence for prosecution, rejecting claims of mala fides and ensuring adherence to procedural laws.

JUDGMENT :

Heard Ms. N. Bordoloi, learned Counsel for the petitioner. Also heard Mr. M. Haloi, learned Special Public Prosecutor for the respondent No.1. None appears for the respondent No.2.

2. This petition, under Section 482 of the CRIMINAL PROCEDURE CODE , 1973 read with Article 226 of the Constitution of India, is preferred by Dr. Raju Sakthivel, Commissioner (Appeals), Central GST & CE, Guwahati, for quashing the First Information Report No. RC0172022A0007, dated 28.09.2022, registered under sections 120B IPC read with section 7 and 7 (A) of the Prevention of Corruption Act, 1988, registered by respondent CBI and its consequential proceedings, being instituted on the basis of a complaint lodged by one Chittaranjan Nath, on personal grudge and vengeance.

3. The background facts, leading to filing of the present petition, is briefly stated as under:-

“The complainant/respondent No.2, Shri Chittaranjan Nath, being the proprietor of Pawan Enterprise, Tezpur had executed construction works in (i) NF Railway, Maligaon, (ii) Central Assam Electricity Distribution Company, (iii) Assam Power Distribution Company,(iv) Tezpur Municipality Board, (v) Apeejay Tea Limited, during the year 2013 to 2017, and for the same he raised bills from the said establishments and also received payment. Thereafter, on the basis of receipt of payment, the Additional Commissioner, Central Goods and Service Tax, Dibrugarh raised a demand of service tax, amounting Rs. 48,43,034/, vide adjudication order No. 02/ADC/ ADJ/ST/COMMR/DIB/18/2021-22, dated 23.07.2021. Being aggrieved by the said order, the complainant/respondent No.2 had filed one appeal before present petitioner, the then Commissioner (Appeals), CGST, Central Excise & Customs, Guwahati on 19.10.2021. Hearing of the said appeal took place before the petitioner, but, he did not pass any order and demanded an illegal gratification of Rs. 4,50,000/ and finally agreed to accept bribe of Rs. 3,75,000/ and directed the complainant/respondent No.2 to pay the said gratification to Shri Rajendra @ Amol D. Medhekar (A-2). Thereafter, accused Rajendra (A-2) had directed the complainant/respondent No.2 to hand over the said sum to Shri Avinash (A-3) and accused Avinash (A-3) had directed the complainant to hand over the said sum to one hawala agent, namely Shri Mahabir (A-4) which was confirmed by Rajendra(A-2), and Mahabir (A-4) had directed the complainant to handover the said illegal gratification to him at Mahabir Bhawan, Athgaon, Guwahati with a brokerage charge of Rs. 8,000, totaling Rs. 3, 83,000/, on 28.09.2022.

Then after registration of the FIR, a trap was laid on 28.09.2022 and accused Mahabir (A-4) was caught red handed in his shop No. 29 at Mahabir Bhawan, which was in the name and style of Good Luck Commercial Service, while demanding and accepting Rs.3,83,000/ on behalf of the present petitioner, from the complainant in presence of witnesses.

Thereafter, investigation was carried out and the same culminated in submission of charge sheet on 25.01.2023, under section 7 & 7A of Prevention of Corruption Act 1988, read with section 120 (B) IPC against accused Raju Sakthivel (A-1), Shri Avinash (A-3), Shri Mahabir Jain Shyamsukha (A-4). Thereafter, on 17.02.2023, a supplementary charge sheet was filed against