Charges under Section 12 of the Prevention of Corruption Act require a substantive offence to be present and can be altered by the court before judgment, according to legal precedents.

JUDGMENT :

ANJAN MONI KALITA, J.

Heard Mr. D. Nandi, learned counsel for the petitioner. Also heard Ms. M. Kumari, learned Standing Counsel for the Central Bureau of Investigation (CBI).

2. The instant criminal petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner for quashing of FIR No.RC-0172023A0010 dated 02.08.2023, pertaining to CBI, ACB, Guwahati, filed under Section 120-B IPC read with Sections 7/7A of the Prevention of Corruption Act, 1988; the Charge-sheet No.08/2023 dated 13.11.2023 in RC0172023A0010, under Sections 120-B IPC read with Sections 7A and 12 of the Prevention of Corruption Act, 1988; the order dated 12.01.2024 passed by the learned Special Judge, CBI, Assam, Guwahati in Special Case No. 02/2024, taking cognizance of the offences under Section 120-B IPC read with Sections 7A/12 of the Prevention of Corruption Act, 1988; and the impugned order dated 04.06.2025, passed by the learned Special Judge, CBI, Assam, Chandmari, Guwahati in Special Case No.02/2024, framing charges against the accused-petitioner under Section 120-B IPC read with Section 12 of the Prevention of Corruption Act, 1988.

3. It is the case of the accused-petitioner that while he was posted as Head Havildar at the Land Custom Station, Hatisar, District Chirang, Assam, a written complaint dated 01.08.2023 was filed by one Shri Suresh Kumar Nain before the CBI, ACB, Assam, Guwahati, alleging that his truck bearing Registration No.AS-01-PC-4691 was stopped at the Hatisar Integrated Check Post and that unknown custom officials demanded Rs. 1,500/- from the complainant’s driver, Roman Ali, for allowing the truck to enter Bhutan. After certain verification by the CBI, the CBI registered an FIR on 02.08.2023, being FIR No. RC0172023A0010, under Section 120-B IPC read with Sections 7 and 7A of the Prevention of Corruption Act, 1988, alleging that one Pawan Chaudhary had demanded illegal gratification on behalf of unknown Custom officials for clearing the complainant’s truck bearing Registration No. AS-01-PC-4691. A trap was laid in connection with the said allegation, during which the accused-petitioner was arrested on suspicion along with the said Pawan Chaudhary.

4. The CBI, after completion of the investigation, filed a charge-sheet on 13.11.2023 in RC0172023A0010 under Section 120-B IPC read with Sections 7A and 12 of the Prevention of Corruption Act, 1988, against the aforesaid Pawan Chaudhary and the accused-petitioner on the allegation of acceptance of unlawful and illegal gratification for clearing the complainant’s truck. The CBI alleged in the charge-sheet that the aforesaid Pawan Chaudhary was a clearing agent who used to scrutinize shipping bills received from drivers or representatives of exporters and importers on behalf of the accused-petitioner, and that he demanded Rs.1,500/- from the driver of the complainant for clearing the complainant’s truck. It was further alleged by the CBI that after the trap was laid, the aforesaid Pawan Chaudhary was arrested, and during the course of investigation, the accused-petitioner was summoned to the spot, which is alleged to be the table of the accused-petitioner. It was also alleged that, on being questioned, the accused-petitioner stated that Pawa