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2007 Supreme(All) 1799

VINOD PRASAD
KAILASH NATH TRIPATHI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
G.S. Hajela and I.K. Chaturvedi for the Revisionist; Miss and Usha Kiran, A.G.A. for the Opposite Party.

JUDGMENT

Hon’ble Vinod Prasad, J.—Revisionist Kailash Nath Tripathi posted as Inspector (Anti-Corruption Organization) in District Varanasi has invoked revisional power of this Court under Sections 397/401, Cr.P.C. challenging the order dated 20.1.2007 passed in Special Trial No. 11 of 2004, State v. Chandrama Singh and others by which Special Judge (Anti Corruption), Gorakhpur has refused to discharge him for offences under Section 13(1) and (2) of Prevention of Corruption Act.

2. In brief the preceding facts are that a complaint No. 142 of 2000 was filed by Union of India against accused Kamala Singh son of Late Raj Nath Singh for offences under Sections 8/20/23 of NDPS Act and under Section 11 of Customs Act in the Court of Special Judge/Additional Session’s Judge, Court No. 4, Azamgarh on 7.11.2000 with the allegations that the Complainant Achal Kumar Agarwal is the Custom Inspector posted in District Azamgarh. On 22/23.10.2000 at 9 p.m., on the basis of a secret information he laid a trap on Azamgarh-Dohari route near Jianpur for seizing truck No. WB 25-2335 which was proceeding towards Tundala coming from Assam. At 12.00 a.m. he intercepted the said truck. On inquiry the driver



































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